| Citation(s) |
|---|
| 2014 SLG 1329 2014 SLD 1329 2014 YLR 41 |
Supreme Court (AJ&K)
Civil Appeal No.48 of 2002, decision dated: 27-03-2012.hearing DATE : 19-03-2012. (On appeal from the judgment of the High Court dated 30-10-2001 in Writ Petition No.162 of 2000.)
MUHAMMAD AZAM KHAN, C.J. AND CH. MUHAMMAD IBRAHIM ZIA, J
Syed Nazir Hussain Shah Kazmi, Advocate for Appellants Nos. 1, 2 and 4. Muhammad Idrees Mughal, Advocate for Appellant No. 3. Raja Hassan Akhter, Advocate for
Respondents Nos.3 to 6.
Civil Appeal No.48 of 2002, decision dated: 27-03-2012.hearing DATE : 19-03-2012. (On appeal from the judgment of the High Court dated 30-10-2001 in Writ Petition No.162 of 2000.)
MUHAMMAD AZAM KHAN, C.J. AND CH. MUHAMMAD IBRAHIM ZIA, J
Syed Nazir Hussain Shah Kazmi, Advocate for Appellants Nos. 1, 2 and 4. Muhammad Idrees Mughal, Advocate for Appellant No. 3. Raja Hassan Akhter, Advocate for
Respondents Nos.3 to 6.
YOUSAF HAROON and 3 others
VS
CUSTODIAN OF EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR and 17 others
Law:
Section:
Azad Jammu and Kashmir (Administration of Evacuee Property) Act (XII of 1957)---Ss. 3 & 18(2)---Allotment of evacuee property--- Predecessor-in-interest of respondents had claimed that land in his possession, which he was cultivating, was allotted to him; and that father of appellants with the connivance of Departmental Authorities got allotment in his name after about 5 years of the allotment in his name, without cancelling the same from his name---Proceedings were pending before the Multiple Allotment Judge against father of appellant in respect of said allotment---Rehabilitation Commissioner, cancelled said subsequent allotment of father of the appellants and restored the allotment in favour of predecessor-in-interest of the respondents---Said decision had been upheld up to the High Court---Validity---Father of respondents admittedly was first allottee of land in question, whereas allotment in the name of father of appellants was subsequent one which was made secretly without first cancelling the first allotment in the name of predecessor-in-interest of the respondents---Allotment made in favour of the predecessor-in-interest of respondents in the year 1950 therefore, was a valid allotment and he was first allottee of the land---Subsequent allotment in favour of father of appellants, made without cancelling the first allotment was nullity in the eye of law. Kh. Ghulam Qadir and another v. The Custodian of Evacuee Property and 13 others 2002 SCR 183; Muhammad Aslam and another v. Muhammad Rashid 2006 SCR 11; Muhammad Habib Khan v. Nasiri Khatoon and 11 others 2006 SCR 22; Muhammad Sharif v. Custodian (Civil Appeal No.7 of 1993 decided on 23rd October, 1993); Manzoor Hussain and others v. Mst. Zahoor Fatima and others 1993 SCR 115; Muhammad Jameel v. Muhammad Siddique and anothere 1999 YLR 1089; Saif Ali v. Custodian of Evacuee Property and others 1993 SCR 40; Zafar Iqbal v. Abdul Aziz and another 1998 CLC 286 and Government Boys High School and others v. Shah Muhammad and another 2002 SCR 329 ref. JUDGMENT MUHAMMAD AZAM KHAN, C.J.---The captioned appeal with the leave of the Court arises out of the judgment of the High Court dated 30th October, 2001,…
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