Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)----Ss. 10 & 11--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3--Constitution of Pakistan (1973), Art.185(3)-­Leave to Appeal--Additional Settlement Commissioner, on a Mukhbari application under Ss. 10 a il, Displaced Persons (Land Settlement) Act, 1958, canceling allotment of land found to have been obtained fraudulently--Petitioner claiming to be a bona fide purchaser of a part ..f such land unsuccessfully challenging order of Additional Settlement Commissioner on grounds that he was not given an adequate opportunity of hearing before making impugned order and that he was entitled to purchase said land under S. 3, Evacuee Property and Displaced Persons (Repeal) Act, 1975--Contention that order of Additional Settlement Commissioner canceling allotment was illegal as having been passed without notice to petitioner despite fact that he was a bona fide purchaser of said lands, held, could not be accepted being contrary to decisions of Supreme Court reported as Manzoor Hussain v. Fazla Hussain and others 1984 SCMR 1027 and Gul Muhammad and others v. Additional Settlement Commissioner and others 1985 S C M R 491--Leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.--This petition for special leave to appeal is directed against the judgment and order, dated 23-2-1985 of a learned Single Judge of the Lahore High Court. 2. Umaid son of Suraj Mal was said to have secured an allotment of about 188 Kanals of land in village Ahmadpur Sial of District Jhang against his claim relating to the land abandoned by him in India. Out of the said allotment, one Wali Muhammad obtained 115 Kanals and 19 Marlas by way of exchange. Later Wali Muhammad gifted the land so obtained to Abdul Majid who then sold it to the petitioner. 3. Chahat, respondent No. 1, filed a Mukhbari application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act before the Settlement authorities alleging that Umaid had never migrated to Pakistan but was still living in India and that some one impersonating for him had obtained a fraudulent allotment in his name. An Additional Settlement Commissioner…

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