Law:

Section:

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Validity of original allotment---Petitioners claiming to be purchasers for value from vendees of original allottee---Subsequent to allotment, in favour of original allottee, Settlement Authorities had conducted inquiry, whereby such allotment was found to be result of fraud and same was cancelled---Legal heirs of original allottee had dissociated 'himself from such allotment saying that neither his father nor he had ever applied for allotment in their favour nor had they secured allotment in question---Allotment in favour of original allottee was, thus, mere paper transaction creating no legal rights in favour of allottee or in favour of vendees from him. (h) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3, proviso---Entitlement of benefit under proviso to S.3 of Act XIV of 1975---Neither original allottee was given possession of land in question at time of allotment nor petitioners had been in possession of the same---Petitioners were thus, not entitled to purchase such land under proviso to S. 3 of Act XIV of 1975. Muhammad Munshi v. Baj Din and others 1992 SCMR 825 ref. (c) Transfer of Property Act (IV of 1882)--- ----S. 41---Entitlement to claim benefit of S. 41, Transfer of Property Act, 1882---Where vendor had no right, title or interest in demised property, no protection could be given to vendee under S.41, Transfer of Property Act, 1882. Muhammad Yamin and others v. Settlement Commissioner and others 1976 SCMR 489; Bashir Ahmad and others v. Additional Commissioner with powers of Settlement Commissioner (L) and others 1983 SCMR 1199; Manzoor Hussain v. Fazal Hussain and others 1984 SCMR 1027 and Ejaz Ahmad Khan v. Chahat and others 1987 SCMR 192 rel. (d) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Petitioners claiming entitlement to land in question on basis of alleged sale---Original allottee of land having died his legal heir claimed that neither he nor his father (original allottee) had ever got their…

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