Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S. 2(2)---Civil Procedure Code * (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.185(3)---Allotment on basis of Mukhbari application--­High Court on basis of Constitutional petition of rival Mukhbars, set aside order of allotment---Validity---Leave to appeal was granted to consider whether in consequence of cancellation of allotment of land in question in favour of original allottee, same was required to be allotted to respondents as legal heirs of first Mukhbar in preference to subsequent Mukhbar and whether respondents obtained in their favour on basis of fraud and misrepresentation and by omitting to implead in their Constitutional petition, petitioner vendees from allottee of subsequent Mukhbari application. Taki Ahmad Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Syed Munir Hussain Shafi, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Respondents/Caveators. Date of hearing: 28th January, 1997. ORDER MUKHTAR AHMAD JUNEJO, J.---Petitioners Maqbool Ahmad; Rashid Ahmad and Rafique Ahmad have sought leave to appeal against the judgment dated 10-7-1996 delivered by a learned Single Judge of Lahore High Court, dismissing their application, which they had moved under section 12(2) of C.P.C. against the judgment dated 27-4-1994 delivered by Lahore High Court in Writ Petition No.246-R of 1991, challenging the same to have been obtained by fraud and misrepresentation. One Shukar Din was allotted 218 Kanals and 18 Marlas evacuee land in village Chattar, District Sialkot. For challenging said allotment, three Mukhbari applications were moved. The application dated 19-9-1973 was moved by Ilam Din, predecessor of respondents 2 to 6. Another application dated 9-6-1974 was moved by Hamid Khaldi and others. Third application dated 28-6-1974 was moved by Taj Din and others including Gulzar respondent 'N6. A The Settlement Commissioner (Land), Lahore under an order dated 14-1-1977 cancelled the allotment made in favour of Shukar Din and resumed the same. The disputed land was, however, allotted to Gulzar Ahmad and others…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492