Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-------S. 10--Constitution of Pakistan (1973), Art.185---Appellant's predecessor-in-i­nterest was allotted land which was subsequently cancelled on ground of having been obtained by. a forged order---Finding of fact arrived at by Additional Settlement Commissioner was affirmed by Settlement Commissioner---Such findings of fact were not disturbed either by the High Court or Supreme Court in earlier round of litigation---Appellants in present proceedings had not sought extraordinary jurisdiction of High Court with clean breast---Concurrent findings of fact of all the Courts against appellants and no question of law being involved, appellants' appeal was dismissed. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court and Sh. Salahuddin Advocate-on-Record (absent) for Appellants. Respondents: Ex parte. Date of hearing: 15th May, 1990. JUDGMENT ABDUL QADEER CHAUDHRY, J.--- This appeal through the leave of the Court has arisen out of the following facts:-- 2. The appellants' predecessor-in-interest Muhammad Sharif was a claimant displaced person. His entitlement in terms of produce, value was found 653 units. Out of this, he obtained allotment to the extent of 532 P.I. Units. He was left with 121 P.I. Units awaiting satisfaction. According to the appellants, Muhammad Sharifs remaining entitlement was met with a tentative allotment of land measuring 191 kanals 7 marlas on quasi permanent basis and this area was incorporated in R.L.II at Khata No.190. On 24-7-1964 proposals were drawn in favour of the respondents about the same land. The respondents filed three appeals challenging the orders dated 29-7-1963 and 27-6-1964 about the allotment of land made in favour of Muhammad Sharif. Their case was that they being prior sitting allottees of the village had preferential rights to the allotment of the disputed land. These appeals were allowed by the Additional Settlement Commissioner who set aside the orders dated 29-7-1963 and 27-6-1964. The view taken was that the order of confirmation in favour of late Muhammad Sharif was forged and had been predated. He, therefore, ordered allotment of the disputed land to the…

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