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Civil Petitions Nos. 503 and 504 of 1980, decided on 4th March, 1985.
(Against the judgment and order, dated 30‑1‑1980 of the Lahore High Court, Lahore in W.P. Nos. 28/R of 1976 and 338/R of 1976).
‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11‑‑Allotment of land exceeding entitlement‑‑Land sold‑ Resumption of‑‑High Court upholding excess but refusing to permit its resumption on strength of law laid down by Supreme Court‑‑Validity of order assailed‑‑Contention raised that impugned order perpetuates a manifest illegality as excess allotment has been left to be enjoyed by allottee and those deriving interest from him‑‑Leave to appeal granted to examine point involved.
Officer on Special Duty, Central Record Office and others v. Bashir Ahmad and 9 others 1977 S C M R 208; Bashir Ahmad and others v. Additional Commissioner with Powers of Settlement Commissioner (L) and others 1983 S C M R 1199 and Manzoor Hussain v. Fazal Hussain and others 1984 S C M R 1027 ref.
Ch. Hafeez Ahmad, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner.
Sh. Salahuddin, Advocate‑on‑Record for Respondents Nos. 1 and 2.
Hassan Ahmad Kanwar, Advocate Supreme Court for Respondents Nos. 2 and 3.
Date of hearing: 4th March, 1985.
By two separate petitions leave to appeal is sought against the judgment of the Lahore High Court, Lahore, dated 30‑1‑1980 whereby the constitutional petitions filed by the vendees of agricultural land allotted against a verified claim was allowed.
One Chand Khan had got verified units and got the allotments made on three occasions. The first was on 5‑4‑1960 when 1734 units were allotted in Village Attari Bhoop Singh, Tehsil Chunian, District Lahore. On 3‑8‑1961 he got 538 units settled in another village Jajja in the same Tehsil. Finally, 235 units were got settled in village Jajja on 14‑5‑1966. On the information laid 489 units were found to have been allotted in excess to him. There were rounds of inquiries but this excess appeared to have been established at every stage. As the allottee sold away his allotment to different persons on different occasions it is the vendees who had been resisting the resumption of the excess land. At first a principle was laid down that not the last allotment but the last sale in point of time should be alone subjected to resumption. On a petition by the vendees the learned Judge by the impugned order upholding the excess refused to permit its resumption on the strength of decision of this Court in Officer‑on‑Special Duty, Central Record Office and others v. Bashir Ahmad and 9 others 1977 S C M R 208.
The learned counsel for the petitioner submitted that the decision relied upon by the learned Judge in the High Court is not applicable to the facts of the case and that judgment has been further explained and the case of the petitioner reinforced in decisions reported as Bashir Ahmad and others v. Additional Commissioner with Powers of Settlement Commissioner (L) and others 1983 S C M R 1199 and Manzoor Hussain v. Fazal Hussain and others 1984 S C M R 1027. According to the learned counsel the impugned order perpetuates a manifest illegality is excess allotment has been left to be enjoyed by the allottee and those deriving interest from him.
Leave to appeal is granted. Security in the sum of Rs. 2,000. Mr. Hassan Ahmad Kanwar, Advocate admits notice for the respondents. The respondents shall not further alienate the property pending the hearing of this appeal which shall be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary.
M. I. Leave granted.
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