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Regular Second Appeal No. 760 of 1965, decided on 4th March 1980.
‑ S. 25‑Allotment, cancellation of‑Rehabilitation authority not being competent allot Waqf property, allotment of such property by such authorities absolutely without jurisdiction‑‑Subsequent auction of right of cultivation of such land, held, not a cancellation of allotment so as to deprive Assistant Settlement Commissioner from taking action as against orders of allotment made by his Superior Officer.
‑‑‑ S. 10‑‑Validation of transfers of immovable evacuee trust pro perties‑‑Appellant's allotment treated as absolutely void‑Section 10, held, not applicable.
-----S. 115‑Estoppel by conduct‑Appellants admitting property allotted to be trust property and to have held it as tenants under Evacuee Trust Board‑Appellants, held, reconciled themselves to cancellation of allot ment or to virtual treatment of allotment as being void and could not turn back and challenge its disposal by competent authorities,‑. [Estoppel].
Sh. Abdur Rashid for Appellant.
Nemo for Respondent.
Date of hearing : 4th March 1980.
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