Case Details

Citation(s)
1991 SLG 1280 1991 SLD 1280 1991 SCMR 1564
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.338 of 1986, decision dated: 22-01-1990(From the judgment and order of the Lahore High Court dated 19-1-1986, passed in W.P. No.1593-R of 1977)
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ

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MUHAMMAD HASHIM and 3 others

SETTLEMENT COMMISSIONER (LANDS) PUNJAB and 6 others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss.10 & 11---Constitution of Pakistan (1973), Art.185(3)---Allotment of land, cancellation of---Lave to appeal---Allotment of land in dispute duly confirmed in name of petitioner, subsequently was cancelled from his name---Contention that High Court had ignored to consider that allotment of land in dispute obtained earlier by a claimant on a bogus claim Form was cancelled being void ab initio and respondents who had stepped into shoes of that vendor claimant had no right in claim of that land---Contention raised by petitioner deserving consideration, leave to appeal was granted. ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the order of the Lahore High Court dated 19-1-1986, whereby their Constitutional petition against the order dated 27-12-1976 passed by the Settlement Commissioner (Lands) Lahore was dismissed. The land in dispute was reserved by the Deputy Settlement Commissioner (Lands) on 2-12-1967, for allotment to the petitioners being displaced persons, but it was confirmed in the names of respondents Nos.3-6 on 13-4-1968, without cancellation of reservation made for the petitioners. Appeal of the petitioners before the Addl. Settlement Commissioner, Gujranwala was accepted, who vide his order dated 18-8-1969 cancelled the allotment made to the respondents and directed confirmation of the disputed land in the names of the petitioners to be made strictly in accordance with the rules and instructions. Consequently, the disputed…
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