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Displaced Persons (Land Settlement) Act (XLVII of 1958)-- . S. 2(3)-"Land", nature of-Use to which land actually [put Determines nature of property-Land at time of Partition used as agricultural land-Could not be excluded from agricultural land. Abdul Jabbar v. Settlement Commissioner, Sheikhupura -and others 1969 SCMR114rel. Nafeesa Bano and others v. Chief Settlement Commissioner, West Pakistan, Lahore and another P L D 1969 Lah. 480 approved. Manzur Qadir, Senior Advocate Supreme Court (Saeed Akhtar, Advocate­ Supreme Court with him) instructed by Tanvir Ahmad, Advocate-on-Record. for Appellant (In both Appeals). Sh. Abdul Haque and F. M. Ansari, Advocates Supreme Court instructed by M. Z. Khalil, Advocate-on-Record for Respondent Mr. 1 (Ilk, both Appeals). Sardar Hidayatullah Khan, (Settlement Commissioner Legal) Advocate­Supreme Court instructed by Iftikharuddin Ahinad Khan, Advocate-on-Record for Respondent No. 2 (in C. A. No. 17/69 and for Respondents Nos. 2 and 3 (in C. A. No. 18/69). Dates of hearing t 7th, 8th January; 26th and 27th February 1974. JUDGMENT WAHEEDUDDIN AHMAD, J.-This judgment will dispose of Civil Appeals Nos. 17 and 18 of 1969, in which common question of law is involved. Civil Appeal No. 17 of 1969, arises out of the judgment of the former High Court of West Pakistan, Lahore in Writ Petition No. 153/R of 1961, dated the 2nd June 1964, dismissing the writ petition with costs. This petition relates to a dispute about 40 kanals 5 marlas and 195 sq. ft. of land which, according to the appellant, formed part of Shorey Studio on Multan Road, Lahore. It is the case of both the parties that Mr. R. K. Shorey, a famous film industrialist of Lahore decided to set up a well-equipped modern studio. For this purpose, he needed a large piece of land. He entered into an agreement with Kh. Abdur Rahim, Kh. Ghulam Muhammad and Mian Abdul Haq to purchase agricultural land measuring 136 kanals 12 marlas and 86 sq. ft. situated on Multan Road, Lahore. Since the alienors belonged to an agricultural tribe, they could not sell the land to a non-agriculturist under the Punjab Alienation of Land Act of 1900, without the sanction of the Deputy Commissioner. An…

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