“14. As the allotment made in favour of Yousuf
Ali Khan had admittedly not been cancelled the
subsequent allotment made in favour of the
predecessor-in-interest of the respondents of the
same land was void and had rightly been ignored.
This is in line with the law laid down in by this
Court Abdul Ghani v. Noor Muhammad and
others (1984 SCMR 1192) wherein at page 1195
this Court observed as under:-
“The question after the remand of the case before
the learned Additional Settlement Commissioner,
Sahiwal, who then heard the case, therefore, was
to confirm or set aside the first order transferring
the plot as a „building site‟ to the appellant or the
subsequent order of transfer of the same Khasra
number as agricultural land in favour of the
respondents. The nature of the property viz.
disputed plot, was examined by the learned
Additional Settlement Commissioner who after
examining the record as per his order, dated
26.4.1973 held as under: -
“The disputed land was a building site and was
accordingly allotted to the petitioner (now
appellant) by, the Settlement Commissioner,
under Displaced Persons (Compensation and
Rehabilitation)„ Act, 1958. Under these
circumstances its allotment under Land Settlement
Act cannot be maintained.” “By the above finding the P.T.D issued in favour
of the appellant was maintained. In this view of
the matter, it is unnecessary to examine the
question whether on the issuance of a P.T.D. to
the appellant the land was not available to be
allotted as agricultural land to the respondents as
in fact the said P.T.D. was not cancelled at any
stage and the case was taken up only for the
purpose of resolving the dispute arising out of two
conflicting allotments operating side by side in the
field.”
(1984 SCMR 1192)
(PLD 2005 SC 347)
Used in Judgment of:
Lahore High Court
Criminal Proceedings
1808967.811-15
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