Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958). Ss.10 & 11--Incorrect note recorded by Patwari on RL-II--Cannot render allotment void ab initio--Paragraphs 68 & 68-A of Rehabilitation Settlement Scheme only lay down a priority of categories but do not prescribe a legal precondition for allotment to various categories. (b) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Writ jurisdiction--Two Settlement Commissioners holding appeal as time-barred--High Court justified in refusing to interfere--Finding of fact recorded by Settlement Commissioner as to petitioner's claim having been satisfied, could not be lightly interfered with in writ jurisdiction--Leave to appeal refused by Supreme Court. ORDER ANWARUL HAQ, C.J.-- This petition seeks leave to appeal against an order made by a learned Judge of the Lahore High Court on 27th of January, 1977, whereby a constitution petition filed by the petitioners to challenge the allotment and confirmation of an area of evacuee agricultural land, situate in village Sumera in Tehsil Lodhran of Multan district, in favour of the respondents, was dismissed in limine. There has been prolonged litigation between the parties in respect of this land. Petitioners Nos. 1 and 2 namely, Ali Sher and Sher Khan, and their third brother Feroze obtained allotment of evacuee agricultural land in village Sumera, and the same was confirmed in their names in November/ December, 1952 in lieu of their verified claim in respect of agricultural land abandoned by them in India. The petitioners contended that their entire claims were not satisfied, and a considerable number of their produce index units were still pending satisfaction when on 2-10-1964 the land now in dispute, equivalent in value to 90 produce index units, was proposed in the name of Chhota, predecessor-in-interest of respondents 1 and 2 who had got his claim transferred to village Sumera from an adjoining village, named Garhi Mammer. The land was confirmed in his name on 3-12-1964. Only petitioner Sher Khan filed a belated appeal against this allotment on the 19th of August 1966. The other two brothers Ali…

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