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) Leave to appeal was granted to consider the contention whether the order in question, had been obtained by misrepresentation and concealment of facts behind the back of the petitioner, who did not appear due to non service of notice on him; whether the entitlement and allotment of original allottee had already been found to be fictitious and bogus and had been cancelled by order of specific date, which had not been challenged by him and thus, without disclosing that fact he had obtained a declaration in respect of an order which had become final. ORDER SALEEM AKHTAR, J.The petitioner seeks leave to appeal against the judgment passed by the learned Judge in Chambers whereby the Constitution Petition filed by Ilam Din son of Lal Muhammad against the order of the Additional Settlement Commissioner, was allowed to the extent that it related to the allotment of respondent No. 1. 2. The claim form No. 374 was filed in the name of Ilam Din, respondent No. 1, which was verified for 140 PI units. As respondent No. 1 was not traceable, no allotment was made although the claim form was first entered at Khata No. 1840 of RL 11 register of village BadoRatta, Tehsil and District Gujranwala. It is stated that this claim form was taken to village KotChian, Tehsil Hafizabad, District Gujranwala and entered at Khata No. 150 of RL 11 register showing entitlement of 1048 PI units on which allotment was procured in different villages. One Munawar Ali filed a Mukhbari application and after investigation by order dated 30 12 1968 the entire claim and allotment in village LundanwalaKotBeilla and Kot Nizam Din in Tehsil Hafizabad, District Gujranwala procured in the name of respondent No. 1 was cancelled. The petitioner had also filed a Mukhbari application against the allotment measuring 55 Kanals 12 Marlas procured at Khata No. 110 of RL 11 register of village ThattaJahadAmirwala, Tehsil Hafizabad. After probe it was discovered that the land was fraudulently allotted in the name of Fajja at Khata No. 117, of RL 11 register and therefore the Additional…

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