| Citation(s) |
|---|
| 1994 SLG 1204 1994 SLD 1204 1994 CLC 2225 |
Lahore High Court
Writ Petition No. 256-R of 1992, decision dated: 19-10-1992
MIAN SAEED-UR-REHMAN FARRUKH, J
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Writ Petition No. 256-R of 1992, decision dated: 19-10-1992
MIAN SAEED-UR-REHMAN FARRUKH, J
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MISRI KHAN-
VS
SETTLEMENT COMMISSIONER
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Cancellation of allotment of land in the name of original allottee---Rights of vendees from such allottee---Petitioners being vendees had to suffer alongwith the original allottee they having no independent title of their own qua the disputed property--Petitioners in their capacity as vendees of evacuee land were not entitled as of right to be heard before the allotment from the name of original allottee was cancelled---Petitioners (vendees) never became owners of land in question, they having purchased the same from a person who himself was not to be treated as its owner ---Petitioners were, thus, not entitled to any relief in circumstances. Ataul Mohsin Lak for Petitioner ORDER Brief facts are; the petitioners are third vendees of a part of evacuee land which was initially allotted in the name of one Abadan. On 14-4-1980, the Settlement Commissioner (L), in exercise of powers under sections 10 and 11 of the- Displaced Persons (Land Settlement) Act, ordered cancellation of the allotment of land in the name of Abadan in villages Kotli Amir Singh, Kathey Shah and Sawanpura. Javed etc., vendees from Abadan filed W.P. No. 346-R/80 which was accepted by this Court on 3-2-1981 and the order of the Settlement Commissioner dated 14-4-1980 was quashed. I.C.A. No. 62/81 filed against the above said judgment was dismissed on 9-6-1981. Civil Appeal No. 63 of 1982 was accepted by their Lordships of Supreme Court on 25-11-1986 with the result that the judgments impugned in the appeal were set aside and the Constitutional petition filed by the aforesaid vendees was dismissed. The result was that the order of the Settlement Commissioner dated 14-4-1980 was restored. 2. In this manner the petitioners, who are purchasers of land 88 Kanals, 15 Marlas in village Kotli Amir Singh stood denuded of the said…
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