Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)---Art. 185(3)--Settlement Scheme No. VII--Record showing that Khasra number in question was Ghair Mumkin Abadi--Fact that said Khasra number consisted of houses and was in occupation of respondents was not denied by petitioner--Allotment of such Khasra number in favour of petitioner was held to be void ab initio by High Court in constitutional jurisdiction--Finding of High Court that property was not available for transfer to petitioner as agricultural land, was, therefore, not open to exception--Leave to appeal refused. ORDER M.S.H. QURAISHI, J.--The dispute relates to a part of Khasra No. 860, measuring 1 Kanal 7 Marlas, situate in village Kamahan, Tehsil and District Lahore, which was allotted to the petitioners as agricultural land and later confirmed in their favour on 3-7-1968. Another part o1 the same Khasra, measuring 2 Kanals 18 Marlas, was similarly allotted to one Nawaz Khan. These allotments were challenged by respondents 1 to 5 on the ground that the Khasra No. 860 was recorded as Ghaiz Mumkin Abadi, that there were houses of the respondents on it and that it was deemed to have been transferred in their favour under Scheme No. VII. Their appeal against Nawaz Khan…

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