Law:

Section:

(a) Contract Act (IX of 1872)-------S. 17---Allegation of fraud---Agreement between parties on basis of which possession , of land in question measuring one Kanal and three Marlas was handed over to respondent by appellant---Appellant executed affidavit stating that he had given land in question to respondent for constructing a house due to personal relations with him---Assistant Rehabilitation Commissioner on basis of statement of appellant cancelled his allotment and allotted the same to respondent---Appellant's review application before Custodian was accepted and allotment in favour of respondent to the extent of 3 Marlas was cancelled on his plea that he had transferred to respondent only 1 Kanal of land and not 1 Kanal, 3 Marlas---High Court, however, set aside order of Custodian on the ground that no proof had been brought forward in support of allegation of forgery---Validity---View taken by High Court that forgery had not been proved was plainly correct---Appellant having alleged forgery was required to prove the same but he gave no evidence in support of alleged forgery---Apart from it, measurement of 1 Kanal, 3 Marlas was mentioned in affidavit sworn by appellant and statement made by appellant before Assistant Rehabilitation Commissioner---Same measurement was given in recommendatory note submitted by Assistant Rehabilitation Commissioner to Deputy Rehabilitation Commissioner---Order of Custodian impugned before High Court contained no mention of allegation of forgery---Justice of the case did not warrant order passed by Custodian---Apart from said fact, appellant had admitted in written statement filed before High Court that respondent after allotment of such plot to him had constructed thereon, a house---Appellant, in earlier affidavit had submitted that he had given to respondent land measuring 1 Kanal, 3 Marlas for construction of his house---Allotment permit was issued in favour of respondent on the statement of appellant and the same related to 1 Kanal, 3 Marlas---Only negative factor was the confusing fact pointed out by Custodian that Rehabilitation Commissioner had accorded sanction to 1 Kanal and not tb 1 Kanal arid 3 - Marlas---Custodian'…

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