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Displaced Persons (Compensation and Rehabilitation) Act (XXV11I of 1958)--S.10--Chief Settlement Commissioner's Memorandum No.65/775-RL, dated 27-2-1965--Evacuee lands in possession of Forest Department. whether notified or unnoticed, situate in specified districts were not to be allotted against any claim under provisions of Rehabilitation and Settlement Schemes--Allotment of such land in favour of predecessor of petitioners against his verified claim was itself not valid--Subsequent sale of land in favour of petitioners did not confer any title on them. Inayat Bibi etc. v. Assistant Settlement Commissioner and Chief Settlement Commissioner P L D 1978 Lah. 252 ref. Mirza Anwar Baig, Advocate Supreme. Court and M.Afzal Siddiqi, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 7th February, 1989. ORDER NASIM HASAN SHAH, J.--This is a petition seeking leave to appeal against the judgment, dated 9-2-1985 passed by a learned Single Judge of the Lahore High Court in Civil Revision No.179/D of 1984. The facts, which form the background, are that land measuring 173 kanals 5 marlas comprised of old Khasra No.199 (present Khasra No.216) situated in village Barki Badhal, Tehsil Gujar Khan, District Rawalpindi, was evacuee property. The said land together with some other evacuee lands was acquired by the Central Government and became a part of the Compensation Pool. The said land was allotted and confirmed in the name of one Muhammad Din, a Displaced Person, on 1-3-1966. The said Muhammad Din sold the same in favour of Muhammad Ayub, petitioner No.l and two other persons namely Abdul and Fazal vide Mutation No.543 (sanctioned on 17-8-1966). The last mentioned two persons namely Abdul and Fazal in their turn sold half share of their land in favour of petitioners Nos.2 to 6 vide Mutation No.592 (sanctioned on 13-6-1968). According to the petitioners although the said land was recorded in the Revenue records to be in possession of Forest Department it was not susceptible of physical possession and hence no one was, in fact, in possession thereof. However, the learned counsel has proceeded to submit, somewhat inconsistently, that the Forest Department…

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