KHARAITEY AND 2 OTHERS vs BORDER ALLOTMENT COMMITTEE AND 2 OTHERS — 1971 PLD 430

Citation: 1971 PLD 430

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-18

Parties: KHARAITEY AND 2 OTHERS vs BORDER ALLOTMENT COMMITTEE AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 430

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: KHARAITEY AND 2 OTHERS vs BORDER ALLOTMENT COMMITTEE AND 2 OTHERS Case No.: Date of Judgment:1971-05-18 Reported As: PLD 1971 Supreme Court 430 Result: Appeal accepted JUDGMENT JUDGMENT M. R. KHAN, J.--This appeal, by special leave, is directed against the judgment and order of a Division Bench of the erstwhile High Court of West Pakistan, Lahore, by which the appellants' Writ Petition No, 574 of 1964 was dismissed on the 14th April 1966. The facts relevant for the purpose of this appeal are as follows: Pindu, a displaced person from India migrated to West Pakistan. He was allotted some land in village Uppal, Tehsil and District Lahore on 30-8-1952 against his verified claim. This land lies within the border area, that is, within a distance of 5 miles from the border between West Pakistan and India. Sometime after the allotment, Pindu died issueless. On his death, the mutation in respect of the land allotted to him, was attested on 31-8-1955 in favour of the three appellants who are the nephews of Pindu, the mutation was finally authenticated by the competent. Revenue Authority on 7-9-1965. On the receipt of a complaint that the appellants had obtained the mutation in their favour by misrepresenting facts before the competent authority, the Border Area Committee re- opened the matter and, on the basis of a report received from the Central Record Office, came to…

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