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1987 SCMR 58 SUPREME COURT OF PAKISTAN Present: Muhammad Haleem, C. J. Shafiur Rahman, Zaffar Hussain Mirza, and Javid Iqbal, JJ ABDUR REHMAN and another --Appellants Vs GHULAM MOHYUDDIN represented by his Legal Heirs--Respondent Civil Appeal No. 9 of 1983, decided on 20th October, 1986. Date of hearing: 20th October, 1986. (On appeal from the of the Lahore High Court, dated 12-7-1976, in W.P. 165-R of 1976). Muhammad Arif, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Appellants. Ch. Khalilur Rehman, Senior Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate-on-Record for Respondents. Displaced Persons (Land Settlement) Act (XLVII of 1958)- ---S. 10--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--Land settlement--Allotment of evacuee land in favour of respondent objected to by appellants on ground that land forming basis of claim was transferred by respondent to them--Cancellation of allotment at respondent's request and acceptance of objection--Adjustment of same land against respondent's other claim not challenged by appellants--Assistant Commissioner/ Deputy Settlement Commissioner after lapse of about 12 years and repeal of Act (XLVII of 1958) allotted land in dispute in favour of appellants--Respondent challenged order in writ petition which was accepted mainly on grounds that impugned order was without lawful authority and jurisdiction and allotment could not be re-opened after having been finalized except on ground of fraud or misrepresentation and that respondent had better right and claim over land in dispute--Supreme Court upheld view and dismissed appeal with observation that appellants could claim benefit of their entitlement subject to limitations and requirements of applicable law. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Respondent No.1 Ghulam Mohyuddin now deceased and represented by his legal representatives was a displaced person from East Punjab (India). He had submitted a number of claims, out of which land covered by claims Nos. 9312 and 9311, had been transferred by him to Abdur Rehman and others, the appellants herein, before partition. His own entitlement was 411 P.I.Us. as ownership…

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