Case Details

Citation(s)
1985 SLG 401 1985 SLD 401 1985 SCMR 147
Supreme Court of Pakistan
Civil Petition No.835 of 1981, decision dated: 23rd August, 1984. (From the judgment, dated 31-5-1981 of the Lahore High Court passed in Writ Petition No.828/R of 1980)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ

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MUHAMMAD YAQOOB

VS

Dr. BADSHAH BEGUM and others

Law:

Section:

Rehabilitation Settlement Scheme, Part II--- Para.14--Allottee-alienor, if subsequently found to have obtained allotment of land by fraud or misrepresentation, alienation would be deemed to be void. ORDER M. S. H. QURAISHI, J.--The dispute relates to the allotment of land in Khata No.141 R.L.II situate in Chak No.19/G.B., Tehsil and District Sheikhupura. This land had been initially allotted to one Mangli on 22-3-1958. It had, however, been confiscated in the result of proceedings before a Special Military Court on 1-7-1960. Ultimately, the allotment was cancelled by the Settlement and Rehabilitation Commis­sioner on 12-1-1968. The petitioner, claiming to have purchased the land from said Mangli, applied for restoration of the allotment in favour of the original allottee on the ground that its confiscation by the Special Military Court had been assumed erroneously. The Settlement Commissioner without notice to the interested parties accepted the application and restored the allotment by his order, dated 18-6-1968. It led the respondents to invoke the constitutional jurisdiction of the High Court, in the result of which the order dated 18-6-1968 was quashed on 31-5-1981. Aggrieved the petitioner seeks leave to appeal. 2. The question…
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