Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration to the effect that plaintiff was exclusive owner of the property being transferee from the Settlement Department and that order of its subsequent transfer to defendant, if any, was void, ultra vires and of no effect on the rights of plaintiff---Plaintiff had proved the allotment of land through documents---Defendant claimed himself to be the owner, on the basis of his purchase of the property through open auction---Record had proved that defendant had not purchased the property in question and the record was prepared by defendant, in connivance with staff of the department---Defendant had failed to bring on record any agreement, sale certificate, order of Settlement Department regarding the confirmation of sale through .auction in his favour and receipt of payment of auction price---Mere mention of the property in the auction list and entry in the Register CSC-V would not prove the purchase of property by the defendant---Allotment, once made to the plaintiff could not be cancelled for non-deposit of balance amount, since authorities could recover the same amount from the plaintiff as arrears of land revenue---Suit property not being the part of the compensation pool, sale thereof through auction was illegal---Suit of the petitioner, in circumstances, was decreed. Sultan Khan and 3 others v. Sultan Khan 2004 MLD 918; Nawab Din and another v. Mst. Haseeb-un-Nisa and others 1980 SCMR 798; Mst. Majeeda Begum v. Deputy Settlement Commissioner-II and others 1980 SCMR 827; Mst. Roshan Jahan and others v. Settlement Commissioner and others 1988 SCMR 346 and Israr Ahmad and others v. Member, Board of Revenue/Chief Settlement Commissioner, Lahore and another 1997 SCMR 1559 ref. Dr. Mohy-ud-Din Qazi for Petitioner. Kh. Muhammad Saeed for Respondent No. 1. Mushtaq Masood for Respondent No.2., Nazir Ahmad Qureshi and Muhammad Adeel Aqil Mirza for Respondent No.3. Date of hearing: 28th July, 2005. JUDGMENT SYED HAMID ALI SHAH, J.---Brief facts giving rise to the filing of this petition are that Property No.2/422 situated at Mandi Baha­ud-Din, was an evacuee property and remained continuously in the possession…

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