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Civil Appeal No. 75 of 1970, decided on 11th March, 1981.

(On appeal from the judgment dated 11-8-1969 of the High Court of West Pakistan, Lahore in Settlement Revision No. 107 of 1969).

--.- Ss. 10 & 11 - Cancellation of allotments - Statement of allottee as to his claim having not been transferred to District G relating to only one village and not relating to all villages in District G but considered by Settlement Authority as having related to all villages Statement having been made in connection with allotment made in another case, vie. one made in village B, held, could not be utilised in connection with allotment of land in villages M and K and consequent ly allotments made in villages M and K not liable to cancellation.

M. Siddiq, Advocate-on-Record for Appellant.

Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent No. 1.

Nemo for Respondents Nos. 2 and 3.

Date of hearing:11^th March, 1981.

This appeal has been heard along with Civil Appeal No. 75 of 1970, and the main question falling for decision in both the matters is the same.

Briefly stated the dispute in this case relates to 62 kanals 6 marlas of agricultural lands in village Nandhir in the District of Gujranwala. These lands were allotted to Bagh Ali, respondent No. 3 herein. On 24-1-1968, Bagh Ali sold these lands to the present appellants by a registered deed of sale. On the basis of this sale, mutation was sanctioned in favour of the appellant on 23-3-1968. Subsequently, respondent No. 1 herein (Muhammad Anwar) submitted an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act for cancellation of the allotment of the disputed land in favour of Bagh Ali on the ground that the latter had made a statement before Ch. Ali Ahmad, Settlement Commissioner (Land) stating that his claim was not transferred to the District of Gujranwala and that such transfer, if any was bogus. That allotment was related to village Sharoke and the background of that matter has been fully detailed in our judgment passed in the connected matter. However, relying upon the said statement, although made in connection with the allotment made in another case, the allotment of the disputed land in village Nandhir in favour of Bagh Ali was cancelled on 17-5-1969 by the Deputy Commissioner, Gujranwala exercising powers of the Chief Settlement Commissioner (Land) under section 10 of the said Act. The present appellants, who are purchasers from Bagh Ali filed a revision under section 21 of the said Act in the High Court of West Pakistan, Lahore, challenging the order of canceling the allotment. A Division Bench of the High Court dismissed the revisional application on the short ground that the Deputy Commissioner arrived at a finding that the allotment in favour of Bagh Ali had been obtained by practicing fraud and that the High Court in its revisional jurisdiction could not go into the question whether fraud had been proved or not. The appellant, therefore, moved this Court and leave was granted to consider whether the statement dated 8-6-1964 made by Bagh Ali in connection with the allotment made in village Bharoki could be utilized in connection with the allotment of land in village Nandhir and Kingarwali. This question has been discussed in full detail in the connected Civil Appeal No. 75/70 and it has been found that the order of the learned Deputy Commissioner with powers of the Chief Settlement Commissioner was not justified and it has been held that the disputed allotment made to Bagh Ali in village Kingarwali and village Nandhir were not liable to cancellation; therefore, the appeal allowed.

For the reasons given in Civil Appeal No. 75 of 1970, the appeal is also allowed and the allotment made is favour of Bagh Ali vendor of the present appellants in village Mandhir is upheld and the orders of the Deputy Commissioner with powers of the Chief Settlement Can1missioner upheld by the High Court are set aside but the parties are left to bear their own costs.

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Appeal allowed.

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