Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S. 10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether Khasra number in dispute was a Ghair Mumkin house and could not be transferred to the predecessor-in-interest of the petition under Displaced Persons (Land Settlement) Act, 1958. (b) Constitution of Pakistan (1973)-- ---Arts. 185 & 199--Displaced Persons (Land Settlement) Act (XLVI1 of 1958), S. 10--Transfer of land--Settlement authorities found to have misdirected themselves in holding that the transfer of suit land in favour of appellant's predecessor-in-interest already stood decided in judicial proceedings because those proceedings related to land bearing Khasra No. 736/257 measuring 15 Marlas whereas the present dispute was with regard to Khasra No. 737/257 which according to respondents was a Ghair Mumkin house and the question of its transfer under the law was not considered at all--Order of remand passed by High Court, held, was thus fully justified--Appeal dismissed. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the judgment of a learned Single Judge of the Lahore High Court, dated 15-4-1974, whereby the writ petition filed by respondents 1 and 2 was accepted. 2. Land bearing Khasra Nos. 681/108/1/2 (4 Marlas), 736/257 (15 Marlas), 737/257 (15 Marlas) and 856/544/502/3 (4] Marlas) situate in village Khokharke, Tehsil and District Gujranwala, was allotted to one Faqiria on 6-2-1959 and confirmed in his name on 7-3-1959. On Faqiria's death, the land was inherited by his sole legal heir, namely, Farid, and inheritance mutation was sanctioned in his name in due course of time. Farid sold the entire land to Ghulam Rasul appellant and the sale mutation was attested in his favour on 19-5-1959. It is alleged that the appellant thereafter built a house on the suit land at his own cost. It so happened that the order of confirmation in the name of the original allottee, dated 7-3-1959, was challenged in an appeal by Qazi Ibrahim but the same was rejected by the Deputy Rehabilitation Commissioner (Land) on 1-4-1963 and his revision was also dismissed on ~6-6-1963. Qazi Ibrahim…

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