'Ayub Ali alias Muhammad Ayub claimant displaced person was allotted land measuring 1878 Kanals 4 Marlas against his verified claim No,818 in Mauza Baseera Tehsil Kehror District Layyah. Out of this land the Petitioner No,1 purchased 1229 Kanals 7 Marlas of land from the said Ayub Ali alias Muhammad Ayub through registered sale-deed No,481, dated 7-2-1976 and since then the Petitioner No,1 is stated to be in possession of the above said land. Another piece of land measuring 15 acres was purchased by Mst. Waziran through a decree of civil Court from Ayub alias Muhammad Ayub and out of this land 24 kanal was sold to the Petitioners Nos. 2 to 5 through Mutation No,21 sanctioned on 17-6-1984. Another piece of 60 Kanals of land was also in possession of Petitioners Nos.2 to 5. Petitioners Nos. 6 to 9 are said to be in possession of 150 Kanals of land which was allotted in the name of Ayub Ali. The land allotted to Ayub Ali was cancelled vide order, dated 31-12-1973 by A.D.C. (G) Additional Settlement Commissioner (Lands) Muzaffargarh. This order of cancellation was not incorporated in the Revenue Record and vide order, dated 2-5-1988 Deputy Commissioner/Collector/Additional Settlement Commissioner, Layyah directed that since the land was got transferred through fraud so the same may be cancelled and E.A.C.(R) was directed to implement the order in regular record. One Abdul Majeed son of Chirag was allotted land in Mauza Luhanch Thall Jandi, Tehsil and District Layyah but the same was cancelled on the Mukhbari application on filed by respondents Nos.5 to 6 and Abdul Majeed sold the land measuring 1978 Kanals 10 Marlas allotted to him to different persons but since Respondents Nos.5 to 6 had succeeded in Mukhbari application, applied for the allotment of the land cancelled from the name of Abdul Majeed. On the other hand the bona fide purchasers filed a Writ Petition No,92-R of 1984 while Respondents Nos.5 and 6 also filed Writ Petition No,20-R of 1991 and the case was remanded with the direction that Respondents Nos.6 and 7 should be allotted land out of land cancelled from the name of Abdul Majeed. Respondents Nos. 6 and 7 also got allotted land measuring 227 Kanals 6 Marlas situated in Mauza Baseera Tehsil Kehror District Layyah vide order, dated 25-8-1994 passed by Respondent No,1 and Mutations Nos.273 and 274 were sanctioned in their favour on 29- 9-1994. This land was sold to Ghulam Abbas Respondent No,8 through a sale-deed, dated 16-3- 1995 and Mutation No,1035 was also sanctioned in his favour. After having purchased the land Ghulam Abbas Respondent No,8 tried to obtain the possession of the land in dispute it was only then the petitioners came to know about the said allotment and also the cancellation order, dated 31-12-1973 passed against said claimant Ayub Ali.
2. Learned counsel for the petitioners contended that the petitioners were not aware of any cancellation order which was passed behind their back and they being bona fide purchasers from Ayub All alias Muhammad Ayub were not afforded any opportunity of being heard. He further contended that Ayub Ali was a claimant displaced person and was having duly verified claim, neither he nor the petitioners, being bona fide purchasers, were heard by the authority concerned before passing impugned orders which are nullity in the eye of law. It is also contended that Respondents Nos.6 and 7 have got the allotment of land measuring 227 Kanals 6 Marlas in Mauza Baseera by practicing fraud as their Mukhbarri application was confined to Mauza Lohanch Thall Jandi Tehsil and District Layyah which was cancelled from the name of Abdul Majeed. The said respondents were only entitled to get the land allotted in Mauza Lohanch Thall Jandi and the order of allotment in Mauza Baseera is totally Without jurisdiction as the direction given by this Court has not been correctly implemented. Rn this way respondent No,1 exceeded his jurisdiction while allotting the land to respondents Nos.6 and 7 in Mauza Baseera. Learned counsel has vehemently contended that even if the said Ayub Ali alias Muhammad Ayub obtained allotment in excess of his entitlement, even then respondent No,1 was under legal obligation not to cancel the land which had already been sold in favour of petitioners and the cancellation should have been made from the remaining land of said Ayub Ali. It is further submitted that the petitioners being in possession of the land in dispute throughout this period are entitled to purchase the same in accordance with provisions of Act XIV of 1975 (Repealing Act) and even now they are ready to purchase the aforesaid land on the price fixed by the Government.
3. Learned counsel for the respondents has raised preliminary objections to the effect that since the writ petition has been filed against the order, dated 31-12-1973 after about 22 years suffers from laches and deserves dismissal. He further contends that the whole of the transaction is based on fraud and misrepresentation as Ayub Ali alias Muhammad Ayub claimant had died on 3-9-1958 but Iqbal Ahmad Khan son of Magbool Ahmad Khan fraudulently got general power of attorney prepared on behalf of the said deceased-Claimant by way of committing forgery and that the same was registered through misrepresentation at Karachi on 23-9-1970. It is further argued that the land in dispute already stood cancelled from the name of Ayub Ali on 31-12-1973 and the subsequent, sale-deed in favour of the petitioners, dated 6-2-1976 was out come of fraud and misrepresentation as the sale-deed was executed by Iqbal Ahmed Khan for the land measuring 1229 Kanals 7 Marlas and the sale-deed, dated 7-12-1976 is non-existent in the eye of law. Learned counsel has argued that Mst. Waziran daughter of Muhammad Yar stated to have purchase 15 acres for Ayub All through a decree of Civil Court but the above said sale being also result of fraud and misrepresentation as the said Iqbal Ahmad Khan was not the general attorney of Ayub Ali who had died on 3-9-1958 and the allotment was cancelled from his name on 31-12-1973 and in this way the land in dispute having been cancelled from the name of the said claimant reverted to the Central Government, and the sale in favour of Mst. Waziran is based on fraud and misrepresentation and also non-effective or non-operative. The subsequent purchasers also have got no legal right whatsoever. Learned counsel for the respondents has also referred to an application submitted by Muhammad Aslam real brother of petitioner No,1 who moved two applications before the learned Deputy Commissioner/Collector Layyah on 14-7-1985 disclosing about the death of Ayub Ali claimant and the area fraudulently allotted in his name was cancelled on 31-12-1973. On the application submitted by Muhammad Aslam an inquiry was conducted by the Extra Assistant Commissioner(R) Magistrate First Class, Layyah and the notices were issued but nobody appeared and then substituted service was ordered but again the so-called vendees did not appear and the Deputy Commissioner/Collector Layyah by accepting the application of Muhammad Aslam vide his order, dated 2-5-1988 ordered to cause entries in the relevant record on the basis of cancellation order, dated 31-12-1973 and delete entries made subsequent to the above said order. Thereafter, the said land was trnasferred in favour of Muhammad Amin and Muhammad Saleem respondents Nos.6 and 7 against their pending PI units of RL-II, dated 25-8- 1994 and mutations Nos. 973 and 974 dated 29-9-1994 were sanctioned in favour of the said respondents. The respondent No,8 then purchased this land from Respondents Nos. 6 & 7 The learned counsel has argued that since nobody can be allowed to take advantage of his own fraud the writ petition is not maintainable.
4. I have heard the learned counsel for the parties and also perused the record. The death certificate of Ayub Ali alias Muhammad Ayub reveals that he expired on 3-9-1958. The said certificate has been issued by the executive officer, Rawalpindi Cantonment. The alleged power of attorney in favour of Muhammad Iqbal Khan is, dated 23-9-1970 and the same was got registered at Karachi in his favour. The petitioners have produced no document in rebuttal of the said death certificate and in this view of the matter it is apparent from the record that the claimant displaced person in whose name the land in dispute stated to have been allotted died much before the execution of the power of attorney even as the entitlement of said Ayub Ali is concerned, it is stated that his entitlement was only to the extent of 21,66 PI units and the allotment obtained by said Iqbal Ahmad Khan on RLII, dated 7-10-1969 was to the extent of 5,227 PI units in this way an area of 3081 PI units obtained in excess. The perusal of cancellation order, dated 31-12-1973 shows that a notice was issued to Ayub Ali claimant but nobody appeared and two telegrams were received. One from Iqbal Ahmad Khan Special Attorney as the said special attorney was busy before High Court on that day sought adjournment while the other telegram was received from Ayub Ali ,intimating that he is ill and cannot attend the Court. The case was adjourned and the summons were again issued for 18-12-1973 but nobody appeared and the case was adjourned for 26-12-1973 on that date two summons were issued but nobody turned up and the case was again adjourned to 31-12-1973 and as the said Ayub Ali failed to attend the Court ex parte proceedings were taken against him and after going through the record the land was cancelled from the name of the said Ayub Ali. The subsequent order, dated 31-12-1988 through which implementation of the earlier order, dated 31- 12-1973 was allowed was passed on the application submitted by the real brother of the petitioner namely Muhammad Aslam who unearthed the fraud committed by his own brother and in this way the Deputy Commissioner/Collector Layyah after conducting detailed inquiry came to the conclusion that the allotment obtained by Ayub Ali was outcome of fraud and also that Iqbal Ahmad Khan by misusing the forged power of attorney has got Mutations Nos. 255 and 256 sanctioned in favour of petitioners, got them incorporated in the Revenue Record, allowed the review of said mutations as the whole transaction was based on fraud and misrepresentation. It appears that dispute arose between Muhammath Aslam and his real brother as Muhammad Aslam also wanted to get his share from the fraud but due to non-agreement between the parties he was forced to unearth the transaction and in this way the fraud came to the knowledge of the authorities who took action upon the same, and accordingly cancelled the allotment as Iqbal Ahmad Khan had no genuine authority whatsoever to transfer the land as the general power of attorney was patently illegal and based on fraud and forgery as the claimant had died much earlier before the execution of that document. So, no valid title could be transferred through a forged and fabricated deed. The various applications of Muhammad Aslam, real brother of the petitioner, shows that the petitioners had the knowledge about the death of Ayub Ali who died in the year 1958 but still they preferred to purchase the land which too was in excess allotment of said Ayub Ali. If the petitioners are at all aggrieved by the action of said Iqbal Ahmad Khan they can initiate proceedings against him before proper forum if so advised. Since the writ petition has been filed challenging the order of cancellation, dated 31-12-1973 after a period of 22 years and the circumstances of the case reveals that the petitioners were aware of the said order but, as stated above the said Iqbal Ahmad Khan in connivance with the petitioners managed to transfer the land.
They are not entitled to get any relief in Constitutional jurisdiction the petition suffers from laches.
5. In view of the above discussion this petition has no merits and the same is disposed of in the light of the above observations. There shall be no order as to cost.