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NOOR MUHAMMAD versus MST. MUZAFFAR BIBI


The cancellation of the proposed land for allotment, temporarily, on the declaration of Section 42 Pakistan Rehabilitation Act (XLII of 1956), section 6 (1) for restoration and settlement scheme, Paras 4A (ix) and 44A suit title allotment. The plaintiff was allotted. 249 1960 and the possession was handed over to him later the allotment was canceled by the competent authority and the land was allotted to the defendant on 16 1 1961, on the basis that before the plaintiff on 11 4 1960. Prior to the allotment of land, it was proposed to allot the suit in favor of the defendant that the trial court dismissed the suit but the appellate court allowed the appeal and the case was affirmed by the High Court. In its sole discretion and set aside the judgment passed by the appellate court and the court. The claim was dismissed that the plaintiff raised by the plaintiff that after the temporarily allotment to the plaintiff, the land had gone out of the compensation pool and that he too was not available for allotment. That after the initial proposal in favor of the defendant, he was seized on the suit land The plaintiff in his written statement did not even request that the preliminary proposal be submitted or handed over to him on that day. Was. After the allotment, namely, the Rehabilitation Scheme of 16 1 1961 was created under section 6 of the Pakistan Rehabilitation Act, 1956, when the land allotment was already confirmed in favor of the defendants who were already granted temporary relief to the refugees of Jammu and Kashmir. Was excluded under paragraph 4A. (ix) Further clarification of the intention of the Rehabilitation Scheme Legislature under paragraph 44A of the competent authority of the Scheme

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