Law:

Section:

(a) Scrutiny of Claims (Evacuee Property) Regulation, 1961 (M.L.R.89) Para. 9Constitution of Pakistan (1973), Art.185(3)Surrendered landTransferValidityLeave to appeal was granted by the Supreme Court to consider, inter alia, whether land once surrendered under Scrutiny of Claims (Evacuee Property) Regulation, 1961 which thereafter vested in the Government of West Pakistan could have been legally transferred on the basis of Q.P.R. Supplementary MRV dated 2341978 after repeal of evacuee laws. (b) Scrutiny of Claims (Evacuee Property) Regulation, 1961 (M.L.R.89) Para. 9Displaced Persons (Land Settlement) Act (XLVII of 1958) S.5Land surrendered under Scrutiny of Claims, (Evacuee Property). Regulation, 1961 having become property of Government of West Pakistan, had gone out of the compensation poolObtaining of Supplementary MRV on 2341978 by the party surrendering the land through the backdoor and the restoration of land in their favour was void ab initio and a nullity in the e of law being the outcome of machination and a fraudulent and collusive process adopted to defeat the stringent provisions of para.9 of the Regulation. Mushtaq Ahmed v. Sharif and others. C.P.L.A No. 816 of 1974 distinguished. (c) Fraud Condonation of fraud on any technical ground like locus standi of the party would amount to putting premium on foul play. JUDGMENT QAZI MUHAMMAD FAROOQ, J. This civil appeal, by leave of the Court, is directed against the judgment dated 2551994 of a learned Judge in Chambers of the Lahore High Court whereby Writ Petition No.105R of 1994 filed by the appellants with regard to allotment of certain evacuee agricultural land in favour of the -Respondents was dismissed. 2. The writ petition had arisen in the background of facts that on 3061979 -Respondents Nos. l to 3 had filed an application before the Deputy Commissioner/Collector, Sheikhupura for restoration of the land in dispute which was surrendered by them under Martial Law Regulation No.89. The application was ultimately dismissed on 771986 by the Board of Revenue. The order of the Board of Revenue was challenged by the said -Respondents through Writ Petition No.247R of 1986 which was disposed of on 1531992…

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