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Civil Petition No. 925 of 1974, decided on 28th January, 1984.
(From the judgment dated 20‑9‑1974 of the Lahore High Court passed in Writ Petition No.714/R of 1974).
‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10‑‑Dispute over transfer of evacuee land‑‑Leave to appeal granted to consider whether relevant law governing allotment of land in lieu of mortgagee rights had been correctly applied to petitioner's case.
Sh. Mazhar‑ul‑Haq, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
Rao Muhammad Yousuf Khan, Advocate‑on‑Record (absent) for Respondent No.l.
Date of hearing: 28th January, 1984.
‑‑ Land measuring 181 Kanals situate in the area of Chak No.44/N.B., Tehsil and District Sargodha, which had been confirmed in favour of the petitioner in lieu of his mortgagee rights, was cancelled from his name by the D.R.C. Land and allotted to respondent No.l on 1‑3‑1961 but on appeal was restored to the petitioner by the Additional Settlement Commissioner on 21‑1‑1963. The learned Settlement Commissioner, however, upset this order on 16‑4‑1966 upon the view that the petitioner did not fulfil the conditions laid down in Press Note No.7975/7329‑R(P), dated 28‑12‑1959 inasmuch as his allotment had been withdrawn on 1‑3‑1961, i.e., before the crucial date that is, 11‑4‑1962. The petitioner's constitutional petition before the Lahore High Court having failed, he has sought leave to appeal.
2. It is submitted that the learned Settlement Commissioner erred in holding that the land confirmed in the name of the petitioner had been withdrawn to 1‑3‑1961, because the order of withdrawal had been set aside and the allotment had been restored in his favour by the Additional Settlement Commissioner on 21‑1‑1963. It is further submitted that the Press Note dated 28‑12‑1959 had been superseded by the Memorandum, dated 18‑5‑1962, whereby the time for exercising the option had teen extended on 31‑8‑1962. Leave to appeal is, therefore, granted to consider whether the relevant law governing allotment of land in lieu of mortgagee rights has been correctly applied to the petitioner's case. Security Rs.2,500. The stay already granted on 7‑1‑1975 shall continue on.
S.Q. Leave granted.
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