Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Allotment of evacuee land---Allotment in question was found to be bogus and forged one, on inquiry conducted by Settlement Authorities after giving show-cause notice to allottee, who did not come forward to controvert such allegation---Settlement Authorities claimed that person in whose name land in question was allotted .in fact did not exist---Such person neither appeared before settlement Authorities nor before any Court---Petitioners claiming to be transferees from such allottee claimed that allottee did exist and had transferred land to them but they failed to produce him in Court---There being factual controversy relating to existence or non-existence of allottee, such controversy could not be resolved through Constitutional petition--­Constitutional petition was not maintainable in circumstances. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Qanun-e-Shahadat (10 of 1984), Art. 129 (c)---Constitution of Pakistan (1973), Art. 199---Official acts---Presumption---Controversy regarding existence of allottee---Settlement Authorities, after conducting thorough inquiry found that person named as allottee, in fact, did not exist and that allotment in his favour and subsequent transfer of land in question in favour of transferees (petitioners) was bogus and forged one---Petitioners taking plea that allottee did exist---Such person named as allottee, 'however, never appeared before any Authority or Court---Conclusions drawn by Settlement Authorities relating to such matter being official acts, presumption of regularity was attached to them unless controverted by strong evidence--­Conclusions drawn by Settlement Authorities having remained uncontroverted would hold the filed in circumstances. (c) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Allotment of evacuee land---Cancellation of allotment after repeal of evacuee laws---Validity---Allotment in question and subsequent transactions relating to such land which had been obtained on…

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