Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 4---Acquisition of evacuee land---Acquisition of evacuee land by Central Government under S. 4 would not be free from all encumbrances---Right of easement enjoyed on acquired evacuee land by residents of village concerned since time immemorial, would not disappear on acquisition of such land for purposes of the Displaced Persons (Land Settlement). Act, 1958. Muhammad Khan and others v. The Chief Settlement and Rehabilitation. Commissioner and another PLD 1962 ;P 284 fol. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973,. calls in question order dated 15-12-1973 passed by the learned Custodian, Evacuee Trust Property, Punjab, Lahore. The dispute relates to land measuring 45 Kanals 7 Marlas situate in village Garjakh, Tehsil and District Gujranwala out of which some land has been allotted to petitioner No. 1 Whilst a chunk of it was purchased try him from other allottees. Respondents Nos. 2 to 10 alongwith 29 others filed an application against the petitioner and 370 other persons under section 22 of Act XII of 1957 for a declaration that the land measuring 45 Kanals 7 Marlas is not evacuee property ,or in the alternative the allotment, of land aforementioned was subject to right of easement of the residents of the village for use as Chapper since the time immemorial. This application was dismissed as barred by time by the learned Deputy Custodian by his order dated 22-4-1971. Respondents Nos. 2 to 10 thereafter filed an appeal against the aforementioned order of the learned Deputy Custodian before the learned Custodian who vide the impugned order dated 15-12-1973 accepted the same and remanded the case to the Deputy Custodian for adjudication afresh. The petitioners feeling, aggrieves of the aforementioned order of the learned Custodian have come up to this Court in the present Constitutional petition. 2. The only grievance raised in this petition by the petitioners is that the land in dispute was…

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