' MUHAMMAD AKRAM, J---Mst. Nasiran petitioner laid an information against Abdul Majid, predecessor-in-interest of respondents Nos.1 to 5, under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. In pursuance thereof, after the necessary enquiry, on the 30th. Of May 1975, the Additional Settlement Commissioner held that the said Abdul Majid had obtained allotment of the land to the extent of 356 Produce Index Units against his entitlement of 152 Produce Index Units only. He, therefore, ordered the excess land to be cancelled from his name. In the same order he however, recorded a categorical finding to the effect that Abdul Majid "did not obtain the allotment through fraud and that it was only due to the miscalculation on the part of the field staff that he was allotted excess area".
' On this finding, therefore, the Additional Settlement Commissioner rejected the entitlement of the petitioner herein for the allotment of the excess land to her as an informer.
2. In these circumstances the petitioner filed a writ petition in the High Court questioning the validity of the order refusing to transfer the excess land to her as an informer. But on the 13th of April, 1976, a learned Judge of the Lahore High Court at Lahore, dismissed the writ petition in limine.
He was of the opinion that the petitioner was not eligible for the allotment of the excess area to her on the basis of the finding of fact recorded by the Additional Settlement Commissioner to the effect that Abdul Majid, the predecessor of the respondents did not obtain the allotment through fraud and that was only due to the miscalculation on the part of the field staff that he was allotted excess area. Hence this petition for special leave to appeal.
3. After hearing the learned counsel for the petitioner we are satisfied that the impugned order passed by the High Court was unexceptionable. Under section 2(2) of the Displaced Persons (Land Settlement) (Amendment) Act, 1974, an informer is entitled to the transfer of the excess area only if the allotment of the cancelled land was found to have been obtained by fraud or was bogus. In the instant case, the Additional Settlement Commissioner was of the opinion that the excess land obtained by Abdul Majid deceased was due to the miscalculation on the part of the field staff not due to any fraud practised by him. In this view of the matter this petition has not force and is dismissed. '