Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,11a20(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)---Ss.10, 11 a 20(3)--Chief Settlement Commissioner's Memo. No.176/ 64/300-R(L), dated 11-1-1964--Constitution of Pakistan (1973), Art.199--Order of Settlement Commissioner cancelling order of allotment of land allotted in excess of entitlement of claimant being a correct, fair and just order--Such order, held, could not be assailed in constitutional jurisdiction. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S.11--Chief Settlement Commissioner's Memo. No.176/64/300-R(L), dated 11-1-1964--Settlement authorities have power to withdraw area allotted to a claimant which is in excess of his entitlement on ground other than fraud and misrepresentation under S.11. JUDGMENT NASIM HASAN SHAH, J.-This appeal, with the leave of this Court, is directed against the judgment dated 17-5-1974 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.104-R of 1967. The dispute between the parties is in respect of land measuring about 8 Kanals in Kills. No.15 situate in Square No.57 of Chak No.75/J.B., Tehsil and District Lyallpur (now Faisalabad). The above piece of land, alongwith 7 Kanals 16 Marlas of land situate in Kills. No.21 of the same Square, was 'transferred to Noor Muhammad son of Ali Muhammad in lieu of his land abandoned in village Kokri Kalan, Tehsil Moga, District Ferozepur (East Punjab) India. The entire land was purchased by Ali Muhammad, appellant No .1, and his brother Sher Muhammad (now dead and represented by his legal representatives, namely, Sardar Muhammad and Mst. Sughran Bibi--appellants Nos. 2 and 3 herein) Prom Noor Muhammad for 88.6,000 through a registered sale-deed, dated 6-3-1965. A few days later, on 13-3-1965, a Mukhbari application was submitted by one Sher Muhammad son of Pir Bakhsh under section 10 of the Displaced Persons (Land Settlement) Act, 1958, before the Additional Settlement Commissioner alleging that the original allottee, Noor Muhammad, had obtained the land in excess of his entitlement and the excess area was liable to be cancelled and allotted to him. While this application was pending, the Patwari of the area, on scrutiny, himself…

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