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

Section: 2

Law: Constitution of Pakistan, 1973

Section: 185(3)

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)   S. 2 Constitution of Pakistan (1973), Art. 185(3) Entitlement to allotment of land Petitioner did not file claim forms for land allegedly abandoned by them in India, therefore, no claim was verified in their names ¬In absence of verified claim, no land could legitimately be allotted to petitioners Petitioners had admittedly procured allotment of land by misrepresentation Settlement Authorities were, thus, competent to’ cancel such allotment Order in question, had taken care of all the pleas raised by petitioner and same was subject to no legal infirmity Leave to appeal was refused in circumstances. ORDER MANZOOR HUSSAIN SIAL, J.The petitioners seek leave to appeal from order dated 31 1 1993, of the Lahore High Court, whereby Writ Petition No. 1153 R of 1978, filed by them was dismissed. 2. The relevant facts in brief giving rise to this petition are that one Muhammad Yousaf son of Qabool Khan was owner of land in Mauza Satrana Tehsil Bhawani Garh, Patiala State. On migration to Pakistan, he filed claim form No. 94, and land equivalent to 160 P.I. Units was allotted in village UmidGarh and land equivalent to 628 P.I. Units was allotted in village Gobind Garh, Tehsil Kabirwala District Multan. The petitioners Diwan and Muhammad Bashir maintain that they were co sharers with Muhammad Yousaf of the land abandoned by them in India, consequently the aforesaid land was jointly allotted to them with Muhammad Yousaf. Muhammad Yousaf died issueless therefore, the land in dispute was mutated in favour of Diwan. 3. It appears that on some information laid before the Central Record Office, the O.S.D., Central Record Room, on 16 8 1970, reverified the claim and found that Muhammad Yousaf alone was entitled to 128 P.I. Units. He accordingly issued fresh entitlement certificate and cancelled the excess claim. The matter came up before the Additional Settlement Commissioner who vide order dated 12 1 1972, cancelled 660 P.I. Units being excess of the entitlement. He, however, gave choice to Muhammad Yousaf for retention of the land equivalent to 128 P.I. Units. The aforesaid order was challenged…

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