Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S. 2--Allotment--Land confirmed in appellants' favour but order of confirmation did not bear signature of confirming officer--Such land subsequently proposed in favour of respondents--Effect--Where allotment in favour of petitioners was never cancelled, land comprising such allotment could not be proposed in favour of respondents without cancellation of same from appellant' Khata after notice to them--Allotment in favour of appellants was upheld which proposal of allotment in favour of respondents was declared to be of no legal effect. Mst. Inayat Bibi etc. v. Assistant Settlement Commissioner and Chief Settlement Commissioner PLD 1978 Lah. 252 and Wali Muhammad v. Settlement Commissioner, Sargodha Division 1984 SCMR 1574 rel. Ch. Akhtar Ali, Advocate-on-Record for Appellants. Maulvi Sirajul Haq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 8th October, 1988. JUDGMENT NAIMUDDIN, J.--This appeal by special leave arises in the following circumstances: 1. Nawab Khan deceased the father of the appellants was a temporary allottee of Chak No. 132/GB, Tehsil and District Lyallpur (now Faisalabad). His unsatisfied claim was transferred at his own request to Thal but it was retransferred to the Chak by the order dated 24th August, 1957, of the Additional Deputy Commissioner, Lyallpur. It was further ordered by the Additional Deputy Commissioner that the appellants were entitled to get the area in the same Chak 132/GB if there was any surplus area. On 29th August, 1960 the Additional Settlement Commissioner/ Additional Rehabilitation Commissioner (Land) proposed the land in dispute comprised in Killa Nos. 24/2, 25, 20/2 and 15 at Khata RL-11 No. 646, in their names. According to the appellants the land was confirmed in their favour on 29th September, 1960, but the order admittedly does not bear the signature of the confirming officer. The appellants however, continued in cultivating possession of the land. It appears that on the 4th August, 196,6, the same land was proposed in favour of respondents 1 to 3 and later on 19th August, 1996. 2. The…

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