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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHER MUHAMMAD VS Respondent: PROVINCE OF PUNJAB and others
Court Name: Supreme Court of Pakistan Judge(s): Wajihuddin Ahmed, Irshad Hasan Khan, Munir A. Sheikh Title: SHER MUHAMMAD vs PROVINCE OF PUNJAB and others Case No.: C.R. No 1851-D of 1997 Civil Petition for Leave to Appeal No,1625-L of 1997 Date of Judgment:1999-11-23 Reported As: 2000 SCMR 1251 Result: Leave granted
Judgment ORDER ' MUNIR A. SHEIKH, J---The facts of the case have been given in detail in the order dated 19-10-1998 passed by one of us (Munir A. Sheikh, J.) in Chamber while dealing with, stay application which may be read as part of this order. 2. Leave to appeal is granted to consider, inter alia: (a) Whether the land in dispute which is admittedly an evacuee property had been transferred under the Settlement and Rehabilitation Laws to Forest Department so as to exclude the same from compensation pool, as such, was not available for allotment under the Displaced Persons (Land Settlement) Act, 1958 to the petitioner? (b) Whether the suit filed by the petitioner to challenge the order of the Settlement Authority made under sections 10 and 11 of the Displaced Persons (Land. Settlement) Act, 1958 for cancellation of allotment of land to the predecessor-in-Interest of the petitioner i,e, the original allottee/vendor in which the petitioner was not made a party though at the time of initiation of the said proceedings, the land had already been sold to the petitioner, could be held to be barred by time.