1994 PLP 1791 (CLC)

Ch. Muhammad Rafiq Khan for Respondents Nos. 2 and

3. Date of hearing: 26th October, 1993. This judgment will also dispose of Writ Petition No. 485/R of 1979 as common questions of law and facts are involved in both of them.

2. The facts giving rise to Writ Petition No. 439/R of 1979 shortly stated are that one Abdul Majeed son of Sondha was allotted .evacuee land in lieu of his verified claim for land left in India' in the following four villages: (a) Village Sammu Bela against Khata No. 187 of R.L.II. (b) Village Hanjpur against Khata No. 52 of R.L.II. (c) Village Nangal Suna Singh against Khata No. 511 of R.L.II. (d) Village Wandho against Khata No. 457 of R.L.11.

3. The petitioner in this writ petition claims to have purchased land from the said allottee through sale‑deed dated 26‑4‑1966 on the basis of which Mutation No. 234 was sanctioned in their favour on 15‑7‑1966. Zahoor Ahmad and Mushtaq Ahmad Khan filed Mukhbari application against this allotment alleging that the same had been obtained fraudulently. The Additional Settlement Commissioner with the power of Chief Settlement Commissioner through order dated 25‑1‑1977, held that the said allotment had been obtained through fraud and mis-representation as Abdul Majeed the allottee had already got his entire verified claim satisfied by getting evacuee land allotted in Muzaffargarh. The allotment of land in favour of Abdul Majeed in the abovementioned four villages was, therefore, ordered to be cancelled and it was directed that the same may be allotted to Mukhbars against their unsatisfied verified claim: This order has been challenged in this writ petition.

4. The facts forming the background of the connected Writ Petition No:485/R of 1979 are that against the allotment of the same land another set of Mukhbars filed a Mukhbari application which was heard by the Settlement Commissioner (Lands), with the powers of Chief Settlement Commissioner (Lands); Punjab, .Lahore. It was held through order dated 23‑9‑1978 that the said allotment had been obtained‑ by Abdul Majeed allottee through misprepresentation as he had already got his entire verified claim satisfied by getting allotment of land elsewhere. The allotment of Ind in the said four villages in favour of Abdul Majeed allottee was ordered to be cancelled and it was directed that Mukhbars may be allotted this land against their unsatisfied verified claim. This order has been challenged by the petitioner in this writ petition who claims that she had purchased the land from the original allottee.

5. Learned counsel for the petitioner in view of law declared by Supreme Court in the judgment reported as Bashir Ahmad and others v. Additional Commissioner with powers of Settlement Commissioner (L) and others (1983 SCMR 1199) did not argue that in such circumstances the petitioner's purchase was saved by principle of bona fide purchaser for valuable consideration without notice. The allotment of Abdul Majeed the original allottee of land in dispute was held to be without ‑any right, therefore, since he did .not have any title in the land as such the petitioner could not retain the same on account of. purchase from him. 6.' Learned counsel for the petitioner, however, argued that after the Repeal of Settlement Laws the petitioner being in occupation of land and cultivating the same since purchase, is entitled to purchase it under section 3 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. Under this provision of law, the petitioner could purchase the land if the same was available having not been disposed of. In view of orders dated 25‑1‑1977 and 23‑9‑1978 the Mukhbars had acquired right to allotment of this land against their unsatisfied verified claim if any, under the law as it existed before the Repeal of Settlement Laws, therefore, their case being case of pending proceedings, shall have to be decided first and the land cannot be said to be available till Mukhbars unsatisfied verified claims are satisfied against this land. It may, however, be observed that in case none of the Mukhbars is found is to have unsatisfied verified claim the land be allowed to be purchased by the I petitioner.

7. For the foregoing reasons, the orders dated 25‑1‑1977 and 23‑9‑1978 impugned in both the writ petitions are found to suffer from no illegality and jurisdictional defect, therefore, the writ petitions having no force are accordingly dismissed with no order as to costs. The learned member, Board of Revenue/Chief Settlement Commissioner shall entrust the cases of both the sets of Mukhbars to Notified Officer to implement the directions contained in the orders dated 25‑1‑1977 and 23‑9‑1978 for allotment of land against their verified claims. If any land is left after satisfying their claims the same shall be allowed to be purchased by the petitioner under section 3 ‑of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. A.R.K./S‑470/L Petitions dismissed.