| Citation(s) |
|---|
| 1972 SLG 124 1972 SLD 124 1972 SCMR 150 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 35 of 1972, decision dated: 13th March 1972
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
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Civil Petition for Special Leave to Appeal No. 35 of 1972, decision dated: 13th March 1972
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
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NOOK MOHAMMAD
VS
ADDITIONAL SETTLEMENT COMMISSIONER (LAND), LYALLPUR AND 2 others--Respondents
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 21 & 30(3) [as amended on 19-1-72]-Revision petition under S. 21 made to High Court on 12-12-70 and dismissed on 12-5-71--Provision of new subsection (3) to S. 30 introduced on 19-1-72 not attracted. A. R. Shaukat, Advocate Supreme Court instructed by G. Mujtaba, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 13th March 1972. JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave to appeal is from an order of a Division Bench of the Lahore High Court dismissing the petitioner's petition in exercise of the jurisdiction of the Court under section 21 of the Displaced Persons (Land Settlement) Act, 1958. It has been contended on behalf of the petitioner that the land that was allotted to him was wrongly described as Ghair Mumkin and that subsequently the description was corrected as `chair Mumkin Reg'. On the basis of `chair Mumkin Reg the petitioner claimed he was entitled to certain gain in the Produce Index Units. The report sent to the High Court by the Deputy Secretary (Rural) of the Department of the Chief Settlement and Rehabilitation Commissioner disclosed that the difference in the description did not cause any loss to the petitioner. The report further stated that as there was no amendment of the Fard-e-Haqiat issued by the Central Record Office, the petitioner was not entitled to claim enhancement of the Produce Index Units already issued to him. The learned Judges of the High Court were of the opinion that the matter is concluded by findings of facts, and therefore, they could not…
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