Law:

Section:

(a) Constitution of Pakistan (1973)-­ ----Art. 199--- Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)---Constitutional petition---Party affected by the decision of Constitutional petition was not made party therein---Effect---Dispute between petitioner (purchaser for value) and respondents (Jammu and Kashmir refugees viz. allottees of land for maintenance) relating to land in question---Land from petitioner's name having been cancelled on 4-3-1971 by Settlement Commissioner on a revision filed by respondents, petitioner succeeded in Constitutional petition filed in 1987 and decided on 7-3-1993, 'whereby order of cancellation was set aside; but petitioner had not made respondents (who were in possession for maintenance as Jammu and Kashmir refugees) as party is that Constitutional petition---Order passed in Constitutional petition wherein respondents were not made party could not be made effective as against them---Petitioner in his Constitutional petition filed in 1987 (decided on 7-3-1993) was guilty of suppressing material facts and did not disclose that he had assailed order of cancellation in another Constitutional petition filed in 1971 which was pending disposal---If petitioner had brought such material facts to the notice of High Court, his subsequent Constitutional petition could nut have been accepted on 7-3-1993---For that reason also petitioner could not get benefit from the order of High Court passed on 7-3-1993 in which only Settlement Authority was made a party---Order passed in Constitutional petition in which respondents were not made party thus would not affect their rights in land in question. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-­ ----Ss. 10 & 11---Land allotted to Jammu and Kashmir refugees for maintenance could not be cancelled as the same became property of Ministry of Kashmir Affairs---Order of Settlement Commissioner to that effect, thus, did not call for interference. Mst. Sakina Bibi and another v. Manila and 2 others PLD 1977 Lah. 202; Muhammad Khan and 2 others v. Karim Bakhsh and 2 others PLD 1977 Lah. 747; Allah Lok and 2 others v. Sardar Irshadul Hassan and 7 others PLD…

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