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ISMAIL versus ASSISTANT COMMISSIONER/ADDITIONAL SETTLEMENT COMMISSIONER (L)


Displaced persons (Land Settlement) Act 1958 Section 10 Constitution of Pakistan (1973), Article 185 (3) was canceled on the basis of the petition filed by the respondent / Zaira Mofi against the defendant and finally the respondent was allotted to the High Court. Retained the authority's decision that there was nothing but fraud on the part of the applicants for the long haul of land without having to surrender it or transfer it to the concerned authorities for its purchase. That the provisions of section 10 of Act XLVII of 1958 were clearly attracted to their case was a leave / dispute for the applicants' appeal if the provisions of section 10, also, the Displaced Persons (Land Settlement) Act. The 1958 case has a bearing on its appeal. Only that the land was liable to be canceled, but still the applicants were entitled to repurchase the land and the same could be given to the respondent only when the applicant's allotment was deemed to have been fraudulent. Was fraudulent and fraudulent allotment has been made as a result of information received or was fake. That neither the applicant's allotment was found to be fraudulent or fraudulent, nor the above allotment has come to light on the information presented by the defendant but the inquiry by the inspection team was already in the knowledge of the authorities. Need to consider discussion of the area raised by the applicants was granted leave for appeal

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