Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Allotment of land--Cancellation of---Allotment of land in dispute was cancelled on ground that allottees thereof had obtained land in excess of their entitlement---Order cancelling allotment was passed by Authorities without determining correct entitlement of allottees and area which allegedly was obtained by them by fraud and misrepresentation--­Authorities without determining such points could not cancel entire allotment from names of allottees---Defective order of Authorities was set aside and case remanded to be decided afresh after determining such points. JUDGMENT This judgment will dispose of Writ Petitions Nos.321-R of 1981, 358-R of 1981, 426-R of 1981 and 436-R of 1981 filed against the impugned order dated 30-3-1981 by which the Chief Settlement Commissioner has cancelled the land from the names of Mahmood Ahmad, Maqsood Ahmad, and Mehboob Ahmad respondents. The petitioners in all the writ petitions claim to be the bona fide purchasers of land in question. 2. On Mukhbari applications filed by Muhammad Shafi, etc., under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 the Settlement Commissioner cancelled the following land from the names of the allottees:--. "(1) Chak No. 8/GB Tehsil Nankana . .... 217 Kanals 15 Marlas (2) Churkana, Tehsil Sheikhupura ... 471 Kanals 17 ' Marlas (3) Champel, Tehsil Sheikhupura ... 158 Kanals 6 Marlas. (4) Chak No.8, Tehsil Sheikhupura ... 1134 Kanals 13 Marlas. (5) Village Khung, Tehsil Sheikhupura ... 101 Kanals 10 Marlas 3. It is submitted by Mr. Hamid Ali Mirza, learned counsel for the Settlement Department that the impugned order is defective inasmuch as it does not determine, firstly, the correct entitlement of the allottees-claimants and, secondly, how much area has been obtained by them by fraud and misrepresentation and without determining this the learned Chief Settlement Commissioner…

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