Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 41---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11---Allotment of land---Cancellation---Right of vendee---Respondents/vendees purchased allotted land through a registered sale deed---Allotment to the extent of 1124 units was cancelled by Settlement Authorities on ground that same was allotted in excess of entitlement---Sale in favour of respondents by their vendor who secured suit land through fraudulent and bogus claim would not confer better title to respondents---Respondents would sink or survive with their vendor and would not be protected under S.41 of Transfer of Property Act. Hakim Ali and 2 others v. Ghulam Muhammad and 2 others 1995 SCMR 459; Inayat Ullah v. Additional Settlement Commissioner (Lands) with powers of Chief Settlement Commissioner Gujranwala and 21 others 1991 MLD 2549; Muhammad Shafiq Khan and others v. Settlement Commissioner (Land) and others 1992 CLC 372; Abdul Sattar through Legal Heirs and others v. Muhammad Shafiq Khan and others 1994 SCMR 2021 and Talib Hussain and others v. Member, Board of revenue and others 2003 SCMR 549 ref. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Pending case---Unutilized produce index units---Claimants, who had not succeeded in getting evacuee agricultural land confirmed/satisfied in their favour in terms of Ss.10 & 11 of the Displaced Persons (Land Settlement) Act, 1958 when the evacuee laws/regulations were repealed, their cases could not be deemed to be pending for the reason that Produce Index Units possessed by them had not been adjusted---With the repeal of the Evacuee Laws in 1975, the unallotted agricultural land vested in the Provincial Government which may seek its disposal in accordance with provision of S.3 of the Act. Muhammad Ramzan and others v. Member (Revenue)/C.S.S. and others 1997 SCMR 1635; Member, Board of Revenue Punjab (Settlement and Rehabilitation Wing)/Chief Settlement Commissioner, Punjab, Lahore v. Muhammad Mustafa and 74 others 1993 SCMR 732 and Ali Muhammad through Legal representatives and others v. Chief Settlement Commissioner and others 2001…

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