Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)------Ss. 10 & 11---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Allotment of land in excess of entitlement---Sale of such land to bona fide purchasers---Cancellation of allotment subsequent to said sales on Mukhbari applications---Validity---Cancellation of allotment was challenged by vendees in Constitutional petition before High Court on ground of their being bona fide purchasers of land and High Court had safeguarded their interest by directing that after satisfying the claim of first Mukhbar, the petitioners (vendees) be allowed to retain the land provided they paid its price and balance land, if any, be offered to remaining Mukhbars in their order of priority---Order impugned in petition for leave to appeal---Held, order cancelling the allotment of petitioners' land by Settlement Commissioner passed on remand having not been challenged by petitioners his earlier order permitting petitioners to retain their land had lost its efficacy and the order of High Court whereby petitioners were allowed to retain land on payment of its price being just and fair, was not open to any legitimate objection--Petition was dismissed in circumstances. ORDER MUHAMMAD ILYAS, J.--This petition is directed against judgment, dated the 15th December, 1992, passed by a learned Single Judge of the Lahore High Court whereby he disposed of two writ petitions, namely, Writ Petitions Nos. 472-R of 1982 and 458-R of 1982. 2. The writ petition related to Claim Forms No s.51559 and 51560 filed by one Phool Singh in respect of land abandoned by him in India (Bharat), on his migration to Pakistan on the eve. of Independence. His claims were verified to the extent of 2122 P.I. Units. On his death in 1958, allotment of land was secured by his daughter, Mst. Sameeri and two collaterals, namely, Birbhan and Shamsher. Out of the land thus obtained by Birbhan and Shamsher, certain land was purchased by one Sarshar Ahmad who, in turn, sold it to the petitioners, Nazir Ahmad and others. 3. Thereafter, a Mukhbari application was made by Muhammad Hanif Khan (respondent No.2) which was followed by similar applications preferred by…

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