Law: Constitution of Pakistan 1973

Section: 189

Law: Pakistan Rehabilitation Act (XLII of 1956)

Section: 3

(a) Constitution of Pakistan (1973) Art. 189-Decisions of Supreme Court-Binding nature of-Deci sion of Full Bench of High Court though ordinarily binding on Single Judge or Bench of two Judges seized of same matter, yet such rule not absolute and must yield where a more compulsive and supervening constitutional provision like Art. 189 of 1973 Constitution or similar provisions of previous constitutional enactments took over-Decision of Supreme Court being admittedly on a question of law, High Court, held, rightly preferred Supreme Court decision over decision of Full Bench of High Court.-[Precedent]. (b) Pakistan Rehabilitation Act (XLII of 1956) S. 3 read with Rehabilitation Scheme, paras. 46 & 46-A-Devolu tion of property-Recorded owner of agricultural land in India migrating to Pakistan and allotted and confirmed agricultural land in Pakistan-Such person alienating land in favour of appellant after obtaining permission from Rehabilitation authorities-Order of Rehabi litation Commissioner directing mutation to be sanctioned in accord ance with S. 3 of Act XLII of 1956 read with paras. 46 & 46-A of Rehabilitation Scheme, held, quite sound in circumstances. Sher Muhammad v. The Additional Rehabilitation Commissioner, Multan and 7 others P L D 1968 Lah. 234 and Additional Settlement Commissioner, Sargodha v. Muhammad Shafi P L D 1971 S C 791 ref. Date of hearing : 9t11 March, 1981.                                                                                                      ORDER SHAFI-UR-REHMAN, J.--This appeal by special leave calls in question a decision of the Lahore, High Court, whereby the constitutional petition filed by the appellant was dismissed. 2. One Mst. Sairan, widow of Nathu, was the recorded owner of agri cultural land in village Karyal, Tehsil Zeera District Ferozepur. On partition she migrated to Pakistan and was allotted and confirmed agricultural land measuring in all 224…