Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)--Judgment--Leave to appeal--Grant of--Statement of fact in High Court impugned--Petitioners contention that plea not raised by him was noted in High Court and a particular point taken by him in writ petition was not mentioned in impugned , repelled--Held: When a Judge of High Court recorded a fact about proceedings before himself in an order, it was not possible to ignore it in manner suggested by petitioner--Mere fact that a certain ground vas taken in writ petition but a different one was noted in as having been urged during hearing would not show that statement of fact recorded in High Courts was incorrect--Leave to appeal refused.--[Judgment]. (b) Constitution of Pakistan (1973)-------Art. 185(3)--Leave to appeal--Grant of--Point not urged before High Court at time of hearing, not permitted to be agitated in petition for leave to appeal. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)------Ss. 10 & 11--Cancellation of allotment obtained in excess of entitlement--Retention of excess area--Claim on basis of mortgage units-­Plea that petitioner was entitled to retain land which was found in excess of his entitlement on basis of mortgage units, repelled--Allotment of excess land to petitioner would not be treated as having been confirmed in his favour--Petitioner having lost all rights in excess area as ultimately determined by High Court, had no locus standi to challenge its allotment to respondent and that too in pursuance of High Courts decision in Letters Patent Appeal. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 3-5-1980, of the Lahore High Court whereby a Constitutional petition arising out a land settlement case was dismissed. The facts, as summarised by the learned counsel, are that the petitioner had a verified claim for 1548 P.I. Units against which land was confirmed in his name on 30-12-1951. Subsequently, it was found that the allotment was in excess of his entitlement, therefore, an area of 45 Kanals 14 Marlas was cancelled from his name on 22-4-1959, The petitioner filed appeal/revision against the cancellation but without any success. He…

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