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Civil Petition for Leave to Appeal No. 148 of 1979, decided on 13th April, 1983.
(On appeal against the judgment/order of the Lahore High Court dated 3‑12‑1978 in Writ Petition No. 922‑R of 1978).
---Art. 185(3)‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 5‑Leave to appeal granted to examine question whether in matter of allotment of land from compensation pool on basis of arrangement agreed upon by parties in High Court interest of pool itself has not been damaged.
A. R. Shaukat, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
Shahzad Jahangir, Senior Advocate Supreme Court for Respondents.
Date of hearing : 13th April, 1983.
‑The petitioners who were successful informants, seek leave to appeal against a compromise order recorded by the Lahore High Court on 3‑12‑1978 whereby a constitutional petition was disposed of in terms thereof.
The Settlement Commissioner disposed of in all nine appeals and nine mukhbari applications relating to allotments obtained by the parties in Village Datewali, Tehsil & District Gujranwala. In the compromise entered into at the stage of admission of the constitutional petition filed by the respondents it was agreed that the contesting respondents shall retain being a vendee from the original claimant n area measuring 25 acres in a compact' block where his tubewell is installed and they were to abandon their claim to the rest of the land. The units got adjusted in respect of these 25 acres by the petitioners were to be released for utilization elsewhere.
The question which has somewhat intrigued us is whether by such a compromise an allotment obtained by fraud or one not backed by a genuine claim could be retained, the compensation pool not receiving equivalent produce index units or price from either of the parties.
Leave to appeal is granted to examine whether in the matter of allotment of land from compensation pool on the basis of arrangement agreed upon by the parties the interest of the pool itself has not been damaged. Security Rs. 2,500. The appeal to be heard on the present record with liberty to the parties to file additional documents.
M. Z. M.
Leave granted.
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