M.S.H. QURAISHI, J.--The petitioners had been found in the result of proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, to have received allotment of land in excess of entitlement by 109 units. The additional Settlement Commissioner, however, by his order, dated 10-4-1969, allowed them to retain 21 units but cancelled the allotment of the land equivalent to 88 units. The petitioners challenged this cancellation through a civil suit right up to this Court but failed throughout. While dismissing their petition for leave to appeal, on 2-3-1977, this Court disapproved of any attempt on their part to re-agitate the matter on the Settlement side, holding that the litigation in the matter is "justly concluded".
2. Nevertheless, the petitioners again started a new round by challenging the allotment made earlier on 12-11-1976 in favour of respondent No. 5, of the excess land cancelled from their name.
Their writ petition and I.C.A. Having been dismissed, they have now filed this petition for leave to appeal. They base their claim under the proviso to section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) on the ground that they having been in possession of the land during the required period, they were entitled to its transfer in their favour. We find no force in the plea. Act XIV of 1975 had already been in existence when the earlier round had concluded.
There is also nothing in the Act to affect the efficacy of concluded decisions, which decisions being past and closed could not, therefore, be re-opened. A plea based on possession was no longer available in law to the petitioners. The petition fails and is accordingly dismissed.