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KHALID MOHSIN versus SECRETARY, MINISTRY OF DEFENCE,


Article 45 Constitution of Pakistan (1973), Article 199 Constitutional Petition Controversy Transferring to the Reality, the provisional applicant's document asserts that he owns the land that was settled by the settlement authorities on the basis of allotment of interest. Was changed in favor of the foregoing. The question for the determination was whether the applicant had acquired any title to the land so that he could be relieved of possession or that he had a luxurious position to seek a declaration in respect of his presence or otherwise to a competent officer in the Legislature. No order of source allotment was available on record in the interest of the applicant. The applicant relied on the order of the Assistant Rehabilitation Mukhtarkar to change the land in the name of the predecessor in the interest of the applicant but nothing was available to show that the predecessor was in interest. The applicant applied for allotment of vacant land against the unit Viola as well as in the interest of the applicant the claim was entitled to 159 units but the land consisting of 453 units was allotted mutant entries but not possible. This is considered to be the best evidence of a title that requires a detailed examination of the facts. Evidence could not be produced in the proceedings under Article 199 of the Constitution

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