Case Details

Citation(s)
1972 SLG 234 1972 SLD 234 1972 SCMR 355
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 190 of 1972, decision dated: 4th October 1972
SAJJAD AHMAD AND SALAHUDDIN AHMED, JJ
A. S. Salam, Advocate Supreme Court instructed by Masood Akhtar, Advocate- on-Record for Petitioners. Nemo for
Respondents.

MUHAMMAD BOOTA AND 4 others

VS

NOOR AHMAD AND others--Respondents

Law:

Section:

Constitution of Pakistan (1962), Art. 98-Matter remanded to tribunal below still pending-Writ petition, in circumstance, held, premature. ORDER SALAHUDDIN AHMED, J.-In this leave petition the petitioner has impugned the order of a learned Single Judge of the High Court dismissing the petitioners' Constitution petition on the ground that it was premature. The learned Judge has, observed that the contentions raised by the petitioners can be urged before the Deputy Settlement Commissioner to whom the matter stands remanded by the order of the Settlement Commissioner dated 25-1-1972. The original allottee of the disputed property was one Muhammad Hussain, who sold it to Muhammad Nawaz by a registered deed of mutation was sanctioned in favour of the latter on 25-8-1963. The petitioner purchased the property from Muhammad Nawaz on 1-12-1964 by a registered deed of sale, and the mutation was attested in his favour on 24-3-1965. Respon­dent No. 1 Noor Ahmad filed a Mukhbari application against the said Muhammad Hussain and it resulted in the cancellation of the allotment of Muhammad Hussain on 21-2-1967. In July 1967 the property was proposed to be allotted in favour of the petitioners by the Assistant Settlement Commissioner in lieu of their pending units in the estate as sitting allottees. On the application of one Ghulam Mohyuddin the Deputy Settlement Commissioner, by his order dated 2-3-1970, found that he was the informer and he accordingly directed that the property should…
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