| Citation(s) |
|---|
| 2001 SLG 2460 2001 SLD 2460 2001 CLC 920 |
Supreme Court (AJ&K)
Civil Appeal No. 171 of 2000, decision dated: 19-01-2001.hearing DATE : 15-01-2001(On appeal from the judgment of the High Court, dated 8-8-2000 in Writ Petition No.31 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
Sardar Iqbal Hussain Khan, Advocate for Appellants. Raja Shiraz Kayani, Advocate General for
Respondents Nos. 1 to 4. Imdad Ali Malik, Advocate for
Respondent No.5
Civil Appeal No. 171 of 2000, decision dated: 19-01-2001.hearing DATE : 15-01-2001(On appeal from the judgment of the High Court, dated 8-8-2000 in Writ Petition No.31 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
Sardar Iqbal Hussain Khan, Advocate for Appellants. Raja Shiraz Kayani, Advocate General for
Respondents Nos. 1 to 4. Imdad Ali Malik, Advocate for
Respondent No.5
FOJDAR KHAN and another
VS
AZAD GOVERNMENT through Chief Secretary, Muzaffarabad and 4 others
Law:
Section:
(a) Azad Jammu and Kashmir Land Revenue Act, 1967-------S. 175-A---Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat Deb Act,.1966, S. 5(3)(9)---Ejectment from "Shamilat Deb' land--Land in dispute in possession of appellants as co-sharers was "Shamfat Deh"---Co-sharers who were in possession of the land in excess of their fractional share, could not be ejected without the partition of the same by metes and bounds especially when the land was not reserved for common purpose of villagers. Abdul Ghafoor Khan v. Hazrat Gul PLD 1954 Pesh. 80; Ali Gohar Khan v. Sher Ayaz 1989 SCMR 130; Faqir Muhammad v.. Mst. Alam Bibi PLD 1982 Rev. 10; Ahmed Maiji v. Eakub Ali Muhshi PLD 1961 Dacca 259; Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9; Feroze v. Sher PLD 1985 SC 2 4 and Muhammad Zubair v. Syed Zakir Hussain Shah 1996 CLC 275 ref. (b) Administration of justice--- ----Party to litigation could not be permitted to take a different stand from the one with originally been, taken. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been directed against the judgment of the High Court; dated 8-8-2000, whereby the writ petition filed by the appellants, herein, was dismissed. 2. The brief fat s of the case are that the appellants, herein, filed a writ petition alleging that land comprising Survey No.217, measuring 9 Kanals, 12 Marlas, and Survey No. 572, measuring 11 Kanals. 7 Marlas, situate in Jhanda Baghla, Tehsil Pallandri, was initially entered in the Revenue Record as ' Khalsa' land and has been in their possession since Dogra Regime. However, in the latest settlement, the same was mutated in favour of owners in estate as ' Shamilat Deh'. Respondent No.5 filed an application for the ejectment of the appellants on the ground that the. ' Shamilat Deb' land was in their illegal possession. The Assistant Collector passed the ejectment order against the appellants but on appeal, the same was set aside by the Additional Collector, Pallandri, and the case was remanded for further inquiry. However; the respondents preferred an appeal before the Commissioner who set aside the order of the Collector and restored that of the Assistant…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492