| Citation(s) |
|---|
| 2003 SLG 898 2003 SLD 898 2003 SCMR 501 |
Supreme Court of Pakistan
Civil Appeal No. 191 of 1995, decided on 26th March, 2002. (On appeal from the judgment Lahore High Court, Lahore, dated 26-11-1991, 25-9-1993 passed in Writ Petition No. 310-R of 1974)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
A.R. Shaukat, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record (absent) for Appellants. Sh, Masud Akhtar, Advocate Supreme Court with Syed Abul Aasim Jafri, Advocate-on-Record (absent) for
Respondent. Mubashir Latif, Advocate Supreme Co
Civil Appeal No. 191 of 1995, decided on 26th March, 2002. (On appeal from the judgment Lahore High Court, Lahore, dated 26-11-1991, 25-9-1993 passed in Writ Petition No. 310-R of 1974)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
A.R. Shaukat, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record (absent) for Appellants. Sh, Masud Akhtar, Advocate Supreme Court with Syed Abul Aasim Jafri, Advocate-on-Record (absent) for
Respondent. Mubashir Latif, Advocate Supreme Co
Mst. NURBEGUM and anothers
VS
SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN and 2 others
Law: West Pakistan Rehabilitation and Settlement Scheme
Section: PartII,Paras.7(5),13A
Law: Qanun-e-Shahadat (10 of 1984)
Section: 2(8),92
Law: Constitution of Pakistan, 1973
Section: 185(3),199
(a) West Pakistan Rehabilitation and Settlement Scheme--- ---- Part II, Paras. 7(5) & 13-A---Constitution of Pakistan (1973), Art. 185(3)---Temporary allottee---Preferential right of allotment after transfer of Claim Forms to other District---Entitlement---Leave to appeal was granted by the Supreme Court to consider as to whether petitioners fell within definition of temporary allottee as given in Rehabilitation and Settlement Scheme and as such had preferential right to get their claims settled in the village as compared to respondents; and that respondent could not claim preference over entitlement of petitioner as the said respondent was only an informer, whose units were transferred to the village on 30-9-1963 in connection with Mukhbari application, which was subsequently dismissed, resultantly the units were sent back on 4-7-1969 and as such there could not be any pending claim of the respondent in the village at the time of confirmation of land in favour of petitioners in year 1973. (b) West Pakistan Rehabilitation and Settlement Scheme--- ---- Part II, Paras. 7(5) & 13-A---Constitution of Pakistan (1973), Arts. 185(3) & 199---Temporary allottee---Preferential right of allotment--Allotment of land in favour of appellants---Settlement Commissioner allowed revision petition filed by respondents on the ground that appellant being niece of temporary allottee would not fall in definition of relatives and further being a married woman would lose right of allotment of land, if any, under para. 7(5) of West Pakistan Rehabilitation and Settlement Scheme; and that another appellant had inferior right to that of respondent who was to be given preference to the extent of certain units---High Court dismissed Constitutional petition filed by appellants on the ground that transfer of claim of their predecessor in disputed village was in violation of para. 13-A of Rehabilitation and Settlement Scheme, thus, they would have no right for allotment in that village---Validity---Factual position on record appeared to be different to that of order of Settlement Commissioner, which was not sustainable ---RL-II placed on record showed that land proposed in name of…
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