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FAIZULLAH versus YAQUB KHAN


The Displaced Persons (Land Settlement) Act 1958 Section 10 & 11 Constitution of Pakistan (1973), Article 185 (3) on the basis of fraud has been directed to set aside the cancellation order, in the constitutional application. Allotment / Temporary Allotment Due to the High Court's order to be adjusted against their certified claims, the Settlement Authority was fully impressed by the fact that the allotment was ineligible for the acquisition of any allotment for the purpose of restoration. That Pakistan was owned by it at the time of emigration, however, the land in the Pakistan Settlement Authority failed to examine the facts, whether in Pakistan. In the earlier inquiry against the Allties, it was found that the Allies were settled in the District Jammu, where they resided on the agricultural land they owned and whether the Atyes owned land useful and was sufficient to maintain the Allies. At the time of the emigration, they had stayed in the way of notable property and that the land in Pakistan was not in their possession and no care was provided to them. The High Court, taking notice of such position, had specified a legal basis for refusing to reverse the finding of the Settlement Authority; the allotment of the land under question was in satisfaction of their claims. The leave to appeal was denied.

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