1984 PLP 1338 (SCMR)

S. Talib Haider Rizvi, Advocate Supreme Court and Ali Imam Naqvi, Advocate‑on‑Record for Petitioners. Ch. Qadir Bakhsh, Senior Advocate Supreme Court & M.A. Qadri, Advocate‑on‑Record for Respondents Nos. 2 and 3. Date of hearing: 8th February, 1983. SHAFIUR RAHMAN, J.‑‑ The petitioners who claim to be vendees from subsequent allottees of resumed land seek leave to appeal against the judgment of the Lahore High Court dated 24‑1‑1982. Fattu, the predecessor‑in‑interest of the contesting respondents received an allotment against his verified claim in village Mansandhu, tehsil & district Gujranwala on 13‑12‑1957. On an application moved by Mst. Najmunnisa allotment in favour of Fattu was cancelled after it was found that he had against the same claim obtained allotment in village Randhir in the same district. He successfully filed a settlement revision against this decision. The petitioners contested the restoration of the allotment in village Mansandu on various grounds but failed. Hence this petition. The learned counsel for the petitioners contended that ordinarily he could have no grievance with the abstract proposition that in case of double allotment against one verified claim, the earlier allotment should hold good and it is only the subsequent allotment which would be tainted and liable to be set aside. It is further contended that in this case there was a distinguishing feature which appears prominently in the order of authority exercising the powers of Chief Settlement Commissioner dated 21st September, 1967. A finding of fact was recorded therein that the allotment in village Mansandhu was a forgery and fabri cation and as such that allotment could not be allowed to stand in the name of the claimant. We have examined the record with the assistance of the learned counsel for the parties and find that the facts made the basis for the order referred to by the learned counsel for the petitioners came to be reviewed and reconsidered in the order of the Settlement Commissioner dated 30‑11‑1978. This happened after the earlier order had been set aside by the High Court and the case was remanded. In this order a finding of fact materially different from the one relied upon by the learned counsel for the petitioners was recorded. It was held that it was the petitioners who managed to tamper with the R.L. II No. 243 village Masandu and also contrived to obtain the allotment R.L. II No. 374 of Randhir in order to make the first entitlement ambiguous. On this finding of fact which stands on the record and remains unsubstituted the allotment in village Masandhu could not be interfered with. As regards the question of vendees from subsequent allottees, it has been pointed out in the judgment under appeal that the transfer had taken place pending allotment and in the circumstances was hit by the doctrine of lis pendens and from the record it appears that the petitioners had proper notice at the appropriate stage. There is no merit in the petition and leave to appeal is refused. S. Q. Leave refused.