Case Details

Citation(s)
1975 SLG 3026 = 1975 SLD 3026 = 1975 SCMR 73
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 266 of 1974, decided on 14th October 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 12th March 1974, in Writ Petition No. 26/R of 1966).
Presented By: Muhammad Yaqub Ali and Muhammad Afzal Cheema, JJ
Khurshid Ahmad Chaudhri, Advocate Supreme Court instructed by Masood Akhtar Sheikh, Advocate-on-Record for the Petitioner. Ajmal Khan, Advocate Supreme Court instructed by Syed Inayat Hussain Shah, Advocate-on-Record for
Respondents.

Mst. FAZAL BIBI-Petitioner

VERSUS

SETTLEMENT AND REHABILITATION AUTHORITIES AND ANOTHER-Respondents

Law:

Section:

  West Pakistan Land Reforms Regulation, 1939 [C. M. L. A.'s No. 64] -- Para. 19 and Settlement Scheme for sale of resumed land, para. 47, read with memo. No. 8303-59-392 R(P) dated 25-1-1960-Sale of resumed land -Petitioner acquiring land on false claims verified in name of her father and uncle alleging them to be alive and holding land in India although both actually dead before petitioner's migration to Pakistan-Not obtaining land in anticipation of succession to her father or uncle-Petitioner, hence, held, not qualified for purchase of land under scheme or memorandum. Date of hearing : 14th October 1974.                                                                                                                                    ORDER MUHAMMAD YAQUB ALI, J-The petitioner claims the right to purchase agricultural land which was allotted to her on the basis of false claims filed by her in the name of her father and uncle. The Settlement authorities rejected the claim on the finding that her case was not covered by the Memorandum No. 3308-59-392 R(P) dated the 25th January 1960, which provided that displaced persons whose parents were in possession of land in India may if they so like purchase the land in their possession on certain conditions. This concession was made available to…
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