Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XI V of 1975)--- ---S. 3---Displaced Persons (Land Settlement) Act (XL VII of 1958), Ss.10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Purchase of evacuee land by petitioner from original allottee---Application by informer for cancellation of allotment in favour of original allottee for being result of fraud and fabrication---Cancellation of allotment. of original allottee by Settlement Commissioner and its allotment to informer---Validity---Record showed that original allottee had no property in India, but had manoeuvred allotment on basis of forged and bogus documents---Any interpolations in Mukhbari application would lose its significance in view of fact that same was a fraudulent transaction---Authority had powers to go into question of validity of allotment in view of allegations of fraud and record findings on basis of relevant record---Impugned order was legal---Petitioner had claimed to be in continuous possession of land purchased by him from original allottee---Authority was legally bound to have first offered to petitioner for sale so much of land as would not exceed subsistence holding by taking into consideration land already held by him---Authority had to examine as to whether petitioner fulfilled criteria for purchase of land and how much---If petitioner was found entitled to purchase some land, then same would be excluded from allotment of informer, while balance land would remain with informer---High Court directed Notified Officer to decide entitlement of petitioner in terms of Proviso to S.3 of Evacuee Property and Displaced Persons Settlement Laws (Repeal) Act, 1975. The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331; Muhammad Baran and others v. Member Settlement and Rehabilitation, Board of Revenue, Punjab and others PLD 1991 SC 691 and Lt. Col Rtd. Munir Hussain and others v. The Chief Settlement Commissioner Member Board of Revenue and others 1987 SCMR 1240 rel. JUDGMENT SAYED ZAHID HUSSAIN, J.---Bashir Ahmed, respondent, No.9 herein, had been allotted land measuring 840 Kanals, 14 Marlas situated…

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