1994 PLP 2225 (CLC)

Brief facts are; the petitioners are third vendees of a part of evacuee land which was initially allotted in the name of one Abadan. On 14‑4‑1980, the Settlement Commissioner (L), in exercise of powers under sections 10 and 11 of the‑ Displaced Persons (Land Settlement) Act, ordered cancellation of the allotment of land in the name of Abadan in villages Kotli Amir Singh, Kathey Shah and Sawanpura. Javed etc., vendees from Abadan filed W.P. No. 346‑R/80 which was accepted by this Court on 3‑2‑1981 and the order of the Settlement Commissioner dated 14‑4‑1980 was quashed. I.C.A. No. 62/81 filed against the above said judgment was dismissed on 9‑6‑1981. Civil Appeal No. 63 of 1982 was accepted by their Lordships of Supreme Court on 25‑11‑1986 with the result that the judgments impugned in the appeal were set aside and the Constitutional petition filed by the aforesaid vendees was dismissed. The result was that the order of the Settlement Commissioner dated 14‑4‑1980 was restored.

2. In this manner the petitioners, who are purchasers of land 88 Kanals, 15 Marlas in village Kotli Amir Singh stood denuded of the said property. It is contended by the learned counsel for the petitioners that they were necessary party in the proceedings which ultimately culminated in the decision of the Hon'ble Supreme Court of Pakistan but they were never so impleaded and, therefore, their rights over the land in question could not be adversely affected. I am afraid, there is no merit in this submission. The petitioners being vendees had to suffer alongwith the original allottee, they having no independent title of their own qua the disputed property.

4. It was next submitted that the petitioners had become owner of the land in question in 1982 and their ownership rights were to be protected. Petitioners, in the eye of law, never became the owner of the land in question they having purchased the property from a person who himself was not to be treated to be owner thereof. As regards the last submission of the learned counsel that the petitioners have been condemned unheard, suffice it to say that the petitioners in their capacity as vendees of the evacuee land were not entitled, as of right to be heard before the allotment from the acme of Abadan could be cancelled. in any case it was for the petitioners to be vigilant and they should have made efforts for their impleadment in the proceedings of cancellation of the allotment from the name of Abadan or for that matter the subsequent litigation which culminated finally in the judgment of Supreme Court of Pakistan. The petitioners, appear to have remained indolent, in this regard. No other point was urged. Dismissed in limine, A.A./M‑1712/L Petition dismissed