Case Details

Citation(s)
1979 SLG 476 1979 SLD 476 1979 SCMR 81
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K 162 of 1978, decision dated: 4th November 1978.
G. SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
Maroof Ali Khan, Advocate and Vakil Ahmad Kidwai, Advocate on-Record for Petitioners. Nemo for
Respondents

HABIB alias MULLAH AND 10 OTHERS

VS

SETTLEMENT & REHABILITATION COMMISSIONER (LAND), HYDERABAD DIVISION, HYDERABAD AND 2 OTHERS

Law:

Section:

Constitution of Pakistan (1973) -----Art. 185(3) Special leave to appeal High Court by an elaborate order applying its mind to facts as well as evidence and agreeing with finding of fact recorded by Department concerned Case not involving any question of law nor High Court committing any constitutional error in exercise of its constitutional jurisdiction Petition dismissed. ORDER G. SAFDAR SHAH, J. This petition for leave to appeal is directed against the judgment of a learned Single Judge of the Sind High Court, at Karachi, dated 28 9 1978, and arises in the following circumstances :--- Taj Muhammad and his father Marhu, the predecessor in interest of the petitioners, were claimant displaced persons from East Punjab. Against his verified claim, Taju was allotted land comprising in Khasra No. 70 and 371 situate in deh Kharo, District Sanghar. However, on an application made by someone, whose identity is not known, the authorities in the Department took proceedings in the matter of allotment of Taju to ensure if the land allotted to him was not in excess of his entitlement. It seem that during the pendency of the said proceedings the heirs of Marhu made an application to the Assistant Rehabilitation Mukhtar e Kar praying therein that the land comprising in Khasra No. 70 may be withdrawn from Taju and the same allotted to them against the claim of Marhu. This application was made on 23 6 1961 and was allowed by the A. R. M. vide his order of the same date. On the basis of the said order, Khatoni was issued to the heirs of Marhu and consequently an endorsement was made in the Khatoni which was already issued in the name of Taju on 25 6 1971 that the land comprised in Khasra No. 70 was withdrawn from him and the same allotted to the heirs of Marhu. It seems that after the death of Marhu the proceedings in regard to as to who were his heirs were pending before the A. R. M. respecting which a public notice had been issued inviting objections by 20 7 1962. In 1964, however, an application was filed by respondent Kalu (through his attorney) before the authorities contending therein that the land comprising in Khasra No. 70 had already been allotted to him vide Khatoni,…
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