Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Evacuee Property and Displaced. Persons Laws (Repeal) Act (XIV of 1975)   S. 2(2) Constitution of Pakistan (1973), Art. 185(3) Allotment of specific property in favour of petitioner in lieu of his claim for urban agricultural land Such allotment was scrutinized by Settlement Authorities who on finding such property on subservient to agricultural purposes maintained the allotment Such fact was further scrutinized and re affirmed by Martial Law Authorities Allotment of such property, thus, attained finality and was never challenged before any higher forum Property in question was let out and when tenant defaulted in payment of rent he was proceeded against Tenant (respondent) to avoid his ejectment made application alleging therein that property in question was hidden and that he should, be allotted the same, whereupon same was allotted to him by Chief Settlement Commissioner without hearing. allottee thereof Validity Leave to appeal was granted to consider; whether order passed under Repealed Settlement Laws after conscious application of mind by Competent Authorities and such order having attained finality and same having become a past and closed transaction could have been re opened and set aside by Deputy Administrator Residuary Property who was a limited Authority with regard to available property, and as to whether he could sit on of Settlement Authorities having not been challenged before forum in the hierarchy. ORDER FAZAL ILAHI KHAN, J.Grandfather of the petitioner; namely, Abdul Majid Khan was temporarily allotted land measuring 63 Kanals 4 Marlas including disputed Khasra No.1101 measuring 1 Kanal 0 Maria 112 Sq.ft. in lieu of his claim for urban agricultural land vide order dated 2 9 1953. Tariq Ismail Khan, his son, succeeded him and the land was proposed in his name in LR 11 No.13 issued in his name on 17 2 1959 and subsequently confirmed on 18 12 1959. 2. It is worthmentioning that at the time of such exercise the Naib¬-Tehsildar on 24 6 1961 had reported that land bearing Khasra No.1101 was a ‘Kothee’ and ‘should not have been confirmed but the learned Additional Settlement Commissioner/Secretary, Allotment Committee discussed the matter…

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