Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)------Ss.10 & 11---Constitution of Pakistan (1973), Art.185(3)---Land in question was proposed in allottee's name but subsequently Authority stopped confirmation and auctioned the same in favour of auction-purchaser---High Court allowed allottec's Constitutional petition, whereby land was finally confirmed in the name of allottee---Vendees from auction-purchaser filed Constitutional petition alleging inter alia, that auction in favour of auction-purchaser being lawful and that purchase of disputed land by vendees being bona fide, same be declared as legal---Petition was dismissed by the High Court---Record showed that auction in favour of auction-purchaser was not confirmed in view of interim order in writ petition filed by allottee which was ultimately allowed by the High Court--­Auction-purchaser having no right, could not transfer property in favour of vendees through the alleged sale-deed which had no legal effect---Judgment of High Court being in detail in which all the points had been dealt with thoroughly, Supreme Court did not consider it a fit case to grant leave to appeal---Leave refused. ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the judgment dated 28-3-1989 of the Lahore High Court; whereby writ petition of Fazal Muhammad etc. was dismissed in a Settlement case arising in the following circumstances. On 28-12-1967 Fazal Elahi was proposed the disputed area measuring 336 kanals 15 marlas in Khata No.109 at village Sohidra, Tehsil Wazirabad District Gujranwala. Before its confirmation in the name of the respondent No.1, the Chief Settlement Commissioner on 25-6-1973 stopped confirmation of such earlier proposals. The land in dispute was subsequently auctioned in favour of Shah Nawaz, respondent No.2. Respondent No.1 challenged the order of the Chief Settlement Commissioner through a writ petition, in the Lahore High Court, which was allowed vide order dated 22-11-1974 and the land in dispute was finally confirmed in the name of the respondent No.1, on 28-12-1976. The petitioners also filed another writ petition, praying that the auction made in…

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