Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)---Petition for leave to appeal barred by 10 days---Contention of petitioner was that if the period spent in obtaining the copies was excluded, the petition was within time---Subject to the question of limitation leave was granted by the Supreme Court. (b) West Pakistan Border Area Regulation 1959 (M.L.R. No.9)--Sched. II---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3(1)(b)---Appellants were allotted land vesting in local Muslims instead of the evacuees and when Muslim owners applied for undoing the wrong done to them, they were refused relief on the ground of repeal of Evacuee Laws---Appellants contended that the repeal of Evacuee Laws had nothing to do with the allotment in their favour which was regulated by Martial Law Regulation No.9---Held, there were limits and conditions for obtaining land under Martial Law Regulation No.9 and Act of 1975 which were several in number, and one of those was that only so much of land could be allotted to the appellants that the entire land under all their allotments, if added to the land already held by them, did not exceed a subsistence holding within the meaning of M.L.R.9 of 1959 in case of Act XIV of 1975---Same was the position under M.L.R. 9 of 1959---Appellants having already with them much more than 12-1/2 acres, their appeal was dismissed by the Supreme Court. Barkat Ali v. Settlement and Rehabilitation Commissioner PLD 1991 SC 610 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court has arisen out of a land settlement matter. Leave to appeal was granted as follows:-- "The learned counsel for the petitioners has submitted that they were allotted land vesting in local Muslims instead of the evacuees and when they applied for doing right, they were refused relief on the ground of repeal of evacuee Laws. Learned counsel for the petitioners has submitted that the repeal of evacuee laws has nothing to do with the allotment in favour of the petitioners which is regulated by Martial Law Regulation No.9. "The petition is barred by. 10 days. Contention of the learned counsel for the petitioners is that if the period…

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