Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----Ss. 10 & 11--Petitioner challenging allotment of land on ground that respondent had given consent before Settlement Authorities to surrender one of two allotments in his favour but had not complied with same and as such his second allotment stood cancelled--Respondent establishing from record that he had acted bona fide and made written offer to Settlement Authorities within reasonable time to cancel said allotment-­Failure on part of Settlement Authorities in that regard, held, could not be used in support of plea that respondent had witdraw---n7rom his commitment or had not complied with order. (b) Civil Procedure Code (V of 1908)-----S. 11--Constitution of Pakistan (1973), Art. 185(3)--Res judicata-­Second round of litigation--Plea now raised was available to petitioners in earlier round of proceedings but despite that leave to appeal was refused--Plea of res judicata, held, would be relevant in circumstances. Saeed-ur-Rehman Farrukh, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. M. Yousaf Khan, Advocate Supreme Court for Respondent No.1. Date of hearing: 13th October, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.-- In this petition leave to appeal has been sought from judgment, dated 11-5-1985 of the Lahore High Court; whereby a Constitutional petition arising out of a land settlement case filed by respondent No.1, was allowed. The facts given by the learned counsel for the petitioner are that Mohammad Ramzan deceased husband of the present petitioner was allotted the urban agricultural land in dispute which falls within the urban limits of the town of Chishtian. In 1959-60 there was litigation between the allottees of this and other similar land in Chishtian and the Settlement Department regarding the question whether it was urban or not. The matter came up to the High Court in Constitutional Jurisdiction. It was however ultimately settled that the land was urban agricultural land. In the meanwhile in 1960 Muhammad Yahya Khan respondent No.1 was allotted the land in dispute against his urban land claim. This allotment was in addition to another allotment made to him…

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