| Citation(s) |
|---|
| 1975 SLG 126 1975 SLD 126 1975 SCMR 61 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 204 of 1974, decision dated: 14th October 1974. (On appeal from the order dated 26-11-1973 passed by the Lahore High Court, Lahore in Writ Petition No. 175/R of 1961
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Ch. Muhammad Hassan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 204 of 1974, decision dated: 14th October 1974. (On appeal from the order dated 26-11-1973 passed by the Lahore High Court, Lahore in Writ Petition No. 175/R of 1961
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Ch. Muhammad Hassan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for
Respondents
MUHAMMAD ALI
VS
FAZAL HUSSAIN AND OTHERS
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- Ss. 10, 11 & 21Recourse to provisions of sections 10 & 11Uncalled for and misconceived when order could be challenged before higher settlement authorities and also in High Court. (b) Constitution of Pakistan (1962) Art. 98 and Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 21Whether remedy under S. 21 adequate remedy or not-Question for High Court to consider High Court not treating remedy under S. 21 as adequateSuch decision neither arbitrary nor whimsical, (c) Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 10 & 11Evidence, misreading ofHigh Court's view that application under Ss. 10 & 11 of Displaced Persons (Land Settlement) Act (XLVII of 1958) was misconceived and should not have been entertained by authority concernedHigh Court's decision. held, based on propriety of procedure adopted and not on correctness of orderNo question of misreading order in circumstances arises. JUDGMENT HAMOODUR RAHMAN, C. J.One, Muhammad Ali son of Malang, father of the -Respondents Nos. 1 to 4 herein submitted three separate claim forms for the agricultural lands left behind in village Ladhewala in Kapurthala State. These forms were registered as Nos. 3367, 3168 and 12712 in village Manawala Nehar Singh, Tehsil and District Sheikhupura. Claim Nos, 3367 and 3368 were verified for 465 produce index units and claim No. 12712 was at first verified for 297 produce index units. Subsequently, on increase of produce index units, the said Malaug was found entitled to 406 units against claim form No. 12712. Lands were allotted to them in village Manawala Nehar Singh, Tehsil and District Sheikhupura against their verified claims in three khatas, via., Khata No. 277 for claim form Nos. 336 " and 3368 and Khata 177/145 and 6/177 against claim form No. 12712. These khatas comprised of Khasra Nos. 1.457, 1459, 1442, 1443, 1481, 1384, 1385, 149295 and 737738. The heirs of Boota, another deceasedright holder, one of whom is now the -Petitioner before us, challenged the allotment of the lands in Khata No. 277 to the -Respondents on the ground that Muhammad Ali, their father, had already got…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492