Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)---S.14(A-1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider legality and propriety of the orders passed by the High Court and the Settlement Authorities. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--S.14(A-1)---Constitution of Pakistan (1973), Art.185(3)--- Cancellation of allotment of appellant on ground of being in excess of his entitlement-­Validity---Respondents' plea in High Court was that entitlement of their predecessor as worked out by Patwari came to specified units which was higher than what he was allotted and thus there was no justification for cancellation of their land on question of being in excess of their entitlement---Such points going to the roots of the case having not been examined by the High Court, had resulted in miscarriage of justice---Orders of High Court were set aside and case was remanded to Notified Officer to decide the same afresh in view of points raised by respondents. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal by leave arises from the judgment of a learned Division Bench of the Lahore High Court, dated 5-6-1983. 2. The facts in brief are that a delegate of the Chief Settlement Commissioner accepted the Mukhbari application of the appellant in which it was alleged that whereas the true entitlement of Baboo respondent No.3 was 199 P.I. Units, he had obtained allotment to the extent of 315 units i.e. 116 P.I. Units in excess of his entitlement. Accordingly land equivalent to 116 P.I. Units was cancelled out of the allotment of Baboo respondent and allotted the same to the appellant, on whose information the excess allotment had been discovered vide order, dated 8-10-1976. 3. It seems that in the meantime Baboo respondent had sold the allotted land in favour of respondents Nos.4 to 10. The said respondents filed a writ petition in the High Court wherein the order, dated 8-10-1976 was challenged but this petition was dismissed by a learned Single Judge on 27-12-1976. Feeling aggrieved, respondents Nos.4 to 10 filed an Intra-Court Appeal which was accepted on 5-6-1982 on the ground that it was not a case of…

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