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IQBAL MUHAMMAD KHAN versus SETTLEMENT COMMISSIONER, BAHAWALPUR DIVISION, BAHAWALPUR

Sections 10 and 11 of the Homeless Persons (Land Settlement) Act 1958 (1973), Article 199 were not contested on the assertion of the third person's request for termination of the allotment on mere oath. Alti was in India, he did not migrate to Pakistan and the respondent was not his sister The applicant did not present any evidence in support of his claim but relied on the oath of third person who made the statement. That the allottee was in India and that the person taking the oath of the affidavit did not appear to the authorities of any settlement nor that his statement was recorded in the presence of the parties, for the respondent to examine such person. Opportunity not provided, however, that proceedings under the provisions of Sections 10 and 11, the Land Settlement Act, are not naturally judicial. It was, then naturally it must have been like a court of justice were observed not to rely on such affidavits and fully justified Settlement Commissioner to cancel allotment of defendant jobs for advocates from Eminabad lawyer