| Citation(s) |
|---|
| 1973 SLG 3196 = 1973 SLD 3196 = 1973 PLD 236 |
Supreme Court of Pakistan
Civil Appeals Nos. 109 of 1966. 4, 6, 9, 16, 24, 42, 51, 54, 68, 69, 70, 71 of 1967 and 8 of 1968, decided on 19th March 1973.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad and Salahuddin Ahmed, JJ
A.R. Shaukat, Advocate Supreme Court instructed by Wall Muhammad, Advocate-on Record for Appellant (in, Civil Appeal No. 109 of 196) A.H. Najfi, Advocate Supreme Court instructed by Inayat Hussain, Advocate-on-Record for Appellant (in Civil Appeal No. 4 of 1967). A. H. Najfi, Advocate Supreme Court instructed by Wali Muhammad, Advocate-on-Record for Appellant (in Civil Appeal No. 6 of 1967). A. K. Brohi, Senior Advocate Supreme Court (Muhammad Sadiq, Advocate Supreme Court with him) instructed by Ejaz Ahmad Khan, Advocate-on-Record for Appellants (in Civil Appeals Nos. 9, 51, 54, 68 and 69 of 1967). Sirajur Rahman, Advocate Supreme Court instructed by 3. M. Hanif, Advocate-on-Record for Appellants (in Civil Appeals Nos. 42 of 1967 and 8 of 1968). Naseem Farooqui and M. A. Buttar, Advocates Supreme Court Instructed by S. Inayat Hussain, Advocate-on-Record for Appellant (in Civil Appeal No. 16 of 1967). Bashir, Senior Advocate Supreme Court Zahir Abbas, Advo?cate Supreme Court with him) instructed by Inayat Hussain, Advo?cate-on-Record for Appellants (in Civil Appeal No. 24 of 1967). Sheikh Haider, Advocate Supreme Court instructed by S. M. Hanif, Advocate-on-Record for Appellant (in Civil Appeal No. 7(D of 1967). Appellants in person (in Civil Appeal No. 71 of 1967). Civil Appeals Nos. 109 of 1966, 4, 6 and 24 of 1967 Hidayatullah Khan, Advocate Supreme Court instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 1. Maqbool Elahi Malik, Advocate Supreme Court instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 2. Ghias Muhammad, Senior Advocate Supreme Court (Ahmad Afzal and Munir Ahmad, Advocates Supreme Court with him) Instructed by Mahboob Ahmad.? Advocate-on-Record for
Respondent No. 3. ?? Civil Appeals Nos. 9, 51, 54, 68 and 69 of 1957 Ghias Muhammad, Senior Advocate Supreme Court (Hidayat?ullah Mokal, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No 1. Ghias Muhammad, Senior Advocate Supreme Court (Maqbool Elahi Malik, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 2. Ghias Muhammad, Senior Advocate Supreme Court Ahmad Afzal, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 3. Civil Appeals Nos. 16, 42, 70 and 71 of 1967 Sardar Hidayatullah Khan, Advocate Supreme Court instruct?ed by Maqbool Ahmad, Advocate-on-Record for
Respondent No. 1. Maqbool Rahi Malik, Advocate Supreme Court Instructed by Mabool Ahmad, Advocate-on-Record for
Respondent No. 2. Sheikh Ghias Muhammad, Senior Advocate Supreme Court Instructed by Maqbool Ahmad, Advocate-on-Record for Respon?dent. No. 3:
Civil Appeals Nos. 109 of 1966. 4, 6, 9, 16, 24, 42, 51, 54, 68, 69, 70, 71 of 1967 and 8 of 1968, decided on 19th March 1973.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad and Salahuddin Ahmed, JJ
A.R. Shaukat, Advocate Supreme Court instructed by Wall Muhammad, Advocate-on Record for Appellant (in, Civil Appeal No. 109 of 196) A.H. Najfi, Advocate Supreme Court instructed by Inayat Hussain, Advocate-on-Record for Appellant (in Civil Appeal No. 4 of 1967). A. H. Najfi, Advocate Supreme Court instructed by Wali Muhammad, Advocate-on-Record for Appellant (in Civil Appeal No. 6 of 1967). A. K. Brohi, Senior Advocate Supreme Court (Muhammad Sadiq, Advocate Supreme Court with him) instructed by Ejaz Ahmad Khan, Advocate-on-Record for Appellants (in Civil Appeals Nos. 9, 51, 54, 68 and 69 of 1967). Sirajur Rahman, Advocate Supreme Court instructed by 3. M. Hanif, Advocate-on-Record for Appellants (in Civil Appeals Nos. 42 of 1967 and 8 of 1968). Naseem Farooqui and M. A. Buttar, Advocates Supreme Court Instructed by S. Inayat Hussain, Advocate-on-Record for Appellant (in Civil Appeal No. 16 of 1967). Bashir, Senior Advocate Supreme Court Zahir Abbas, Advo?cate Supreme Court with him) instructed by Inayat Hussain, Advo?cate-on-Record for Appellants (in Civil Appeal No. 24 of 1967). Sheikh Haider, Advocate Supreme Court instructed by S. M. Hanif, Advocate-on-Record for Appellant (in Civil Appeal No. 7(D of 1967). Appellants in person (in Civil Appeal No. 71 of 1967). Civil Appeals Nos. 109 of 1966, 4, 6 and 24 of 1967 Hidayatullah Khan, Advocate Supreme Court instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 1. Maqbool Elahi Malik, Advocate Supreme Court instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 2. Ghias Muhammad, Senior Advocate Supreme Court (Ahmad Afzal and Munir Ahmad, Advocates Supreme Court with him) Instructed by Mahboob Ahmad.? Advocate-on-Record for
Respondent No. 3. ?? Civil Appeals Nos. 9, 51, 54, 68 and 69 of 1957 Ghias Muhammad, Senior Advocate Supreme Court (Hidayat?ullah Mokal, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No 1. Ghias Muhammad, Senior Advocate Supreme Court (Maqbool Elahi Malik, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 2. Ghias Muhammad, Senior Advocate Supreme Court Ahmad Afzal, Advocate Supreme Court with him) instructed by Mahboob Ahmad, Advocate-on-Record for
Respondent No. 3. Civil Appeals Nos. 16, 42, 70 and 71 of 1967 Sardar Hidayatullah Khan, Advocate Supreme Court instruct?ed by Maqbool Ahmad, Advocate-on-Record for
Respondent No. 1. Maqbool Rahi Malik, Advocate Supreme Court Instructed by Mabool Ahmad, Advocate-on-Record for
Respondent No. 2. Sheikh Ghias Muhammad, Senior Advocate Supreme Court Instructed by Maqbool Ahmad, Advocate-on-Record for Respon?dent. No. 3:
Nawab Syed RAUNAQ ALI ETC.-Appellants
VERSUS
CHIEF SETTLEMENT COMMISSIONER AND OTHERS-Respondents
Law: Registration of Claims (Displaced Persons) Act, (III of 1956)
Section: 2(2)(c), 5
Law: Constitution of Pakistan, 1962
Section: 98
(On appeal from the judgments and orders of the High Court of West Pakistan, Lahore, dated the 10th June 1964 in Writ Petitions Nos. 1827-R, 2263-R, 2650-R, 2647-R. 2707-R, 2462-R. 2516-R, 2106-R, 2497-R, 2589-R, 2505-R, 877-R, 2659-R and 2660.8 of 1963). (a) Registration of Claims (Displaced Persons) Act (III of 1956), S. 2(2)(c)-"Property" Jagirs in State of Hyderabad (Deccan)?Nature examined -Jagirs in the State create, if not right of full ownership, at least very valuable rights in soil itself. The question was whether the interest of a Jagir-holder in Hyderabad (Deccan) is such that it would entitle him to file a claim within meaning of section 2(3) of the Registration of Claims (Displaced Persons) Act, 1956. Furthermore, whether under sub-clause (iv) of clause (c) of subsection (2) of section 2 of the Act a jagirdar in Hyderabad State (Deccan) gad the right to receive rents or even a right of occupancy in "property". The High Court had held that jagir rights are not rights in ram at ail but rights in personam simpliciter and so unless it was objec?tively established that the claims were in respect of lands or interests In land, they could not be verified at all under Act III of 1956. The Supreme Court examined exhaustively the nature of jagirs and held that a grant of jagir or a saranjam, tinder the Muslim or Hindu Rulers of India before the advent of the British, was not necessarily a grant of the Prince's royal share of the revenue only nor was there any such initial presumption in respect of such grants so as to put the onus of proof of the contrary heavily upon the person alleging the same; for, such grants could take a variety of forms, as they in fact did, and, therefore, w here the terms of the original grant were available in the shape of sanads and parwanahs, they had to be looked into for ascertain?ing the true intention of the grantor. But even where the origins) grant was not available, the history of the grant, the purpose for which it was made, the manner in which the lands pertaining to the grant had been dealt with for over a period of years became relevant and had to be taken into account, for ascertaining the…