Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S. 10---Constitution of Pakistan (1973), Art. 185(3)---Alienation by subsequent allottee---Effect---Plaintiffs' suit was that they being first allottee any alienation by one of the defendants in favour of other defendants, on the basis of an illegal subsequent allotment in his favour, would not affect plaintiffs rights on the basis of first allotment---Plaintiffs suit was decreed throughout---Leave to appeal---High Court's reliance on question of jurisdiction, on the law laid down by Supreme Court in Mian Muhammad Latifs case as reported in PLD 1970 SC 180, was fully justified---Defendants could not take any advantage on account of alleged inaction of plaintiffs in not getting documentation done in their favour within reasonable time---Trial Court's reliance on the dictum of Supreme Court in Dost Muhammad's case reported as 1976 SCMR 112, on the question of re ­allotment was fully justified---Leave to appeal was refused. Mian Muhammad Latif v. Province of West Pakistan PLD 1970 SC 180; Dost Muhammad and others v. Mat. Badal Jan and others 1976 SCMR 112 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.---A defendant in a suit for declaration and injunction has sought leave to appeal; against the dismissal by the High Court, of his Civil Revision. It had arisen out of suit of the respondents side claiming that they being first allottee any alienation by respondent No. 6 the petitioner's co-defendant, on the basis of an illegal subsequent allotment in his favour, would not affect their (the…

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