| Citation(s) |
|---|
| 2021 SLG 674 2021 SLD 674 2021 PLD 130 |
Lahore High Court
Writ Petition Nos. 11-R, 2-R, 125-R, 150-R of 2009, 115-R,121-R, 126-R, 127-R, 128-R, 129-R, 130-R, 131-R, 132-R of2010, 66-R of 2011, 35-R and 87-R of 2013, decided on29-10-2020, Dates of hearing: 21st, 23rd and 25-09-2020.
CH. MUHAMMAD IQBAL, JUSTICE
Muhammad Shahzad Shaukat for Petitioner (in W.P.No.115-R of 2010).Ijaz Ahmad Khan for Petitioners (in W.Ps. Nos.125-R of 2009, 126-R, 127-R, 128-R, 129-R, 130-R, 131-R, 132-R of 2010 and 87-R of 2013).Hamid Ali Mirza for Petitioner (in W.P. No.121-R o
Writ Petition Nos. 11-R, 2-R, 125-R, 150-R of 2009, 115-R,121-R, 126-R, 127-R, 128-R, 129-R, 130-R, 131-R, 132-R of2010, 66-R of 2011, 35-R and 87-R of 2013, decided on29-10-2020, Dates of hearing: 21st, 23rd and 25-09-2020.
CH. MUHAMMAD IQBAL, JUSTICE
Muhammad Shahzad Shaukat for Petitioner (in W.P.No.115-R of 2010).Ijaz Ahmad Khan for Petitioners (in W.Ps. Nos.125-R of 2009, 126-R, 127-R, 128-R, 129-R, 130-R, 131-R, 132-R of 2010 and 87-R of 2013).Hamid Ali Mirza for Petitioner (in W.P. No.121-R o
MOHYUDDIN MOHAMMAD KHAN THROUGH GENERAL ATTORNEYVSCHIEF SETTLEMENT COMMISSIONER/MEMBER (JUDICIALV), BOARD OF REVENUE PUNJAB, LAHORE AND 10 OTHERS
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 3
(a) Power of Attorney--- ----Principal, death of---Effect---Petition was filed on behalf of sole petitioner after his death on the basis of defunct power of attorney---Institution of suit by/against only one dead petitioner/ defendant as a whole was nullity in the eye of law---Such lis was not further proceedable as such flaw was incurable in nature. Talib Hussain and others v. Member, Board of Revenue and others 2003 SCMR 549; Hafiz Brothers (Pvt.) Ltd. and others v. Messrs Pakistan Industrial Credit and Investment Corporation Ltd. 2001 SCMR 1; Muhammad Yar (deceased) through LRs and others v. Muhammad Amin (deceased) through LRs and others 2013 SCMR 464; Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187; Ch. Muhammad Tufail Khan alias Tufaul Muhammad through Legal Representatives v. Zari Taraqiati Bank Limited through Branch Manager PLD 2007 Lah. 180 rel. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.3---Fraudulent allotment, cancellation of---Effects claimed to be owners of land in question on the basis of allotment made on 25-2-2006 in favour of their predecessor-in-interest---Settlement Authorities cancelled allotment of land in question and passed order to resume State land---Validity---Neither any provision was available for allotment of evacuee land against unsatisfied pending units nor Notified Officer was conferred with any jurisdiction to allot or transfer land or grant alternate land after repeal of Evacuee Laws in 1975---Order dated 25-2-2006 was without authority, illegal and void and passed in violation of order passed by Supreme Court---Board of Revenue while dismissing petition of Mukhbari against predecessor-in-interest of petitioners wrongly presumed that order passed by Settlement Authorities was the original allotment order---High Court declined to interfere in the order passed by Settlement Authorities as alleged allotment made in favour of predecessor-in-interest of petitioner was rightly cancelled as the same was based on fraud and forgery and rightly resumed land in favour of States failed to point out any perversity, illegality or any jurisdictional defect in order passed by…
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