Case Details

Citation(s)
1979 SLG 624 1979 SLD 624 1979 SCMR 475
Supreme Court of Pakistan
Civil Petition No. 735 of 1976, decision dated: 21st May, 1979.
ANWARUL HAQ, C.J. AND MUHAMMAD AKRAM, J
Ch. Qatnar ud Din Khan Meo, Advocate Supreme Court and Meraj ud Din Chaudhry, Advocate on-Record. Ch. Noor Elahi, Advocate Supreme Court and Sh. Abdul Karim, Advocate on-Record

ABDUL BARI AND OTHERS

VS

DEPUTY COMMISSIONER (WITH POWERS OF SETTLEMENT COMMISSIONER), SAIHWAL AND OTHERS

Law:

Section:

(a) Supplementary Settlement Scheme No. II \----Para. 24 read with Cirular Memo. No. 2586 63/4258 R (L), dated 26th June, 1963 Allotment Petitioners having no entitlement for urban land in dispute and having verified claim in respect of rural land abandoned in India Not eligible for allotment of land in dispute Petitioners failing to establish urban area in dispute being included in their temporary allotment and having retained their possession as such for more than five years, petitioners, held, not entitled to retain land in dispute. (b) Constitution of Pakistan (1973) ---Art. 185 (31 Leave to appeal to Supreme Court Precise conten¬tion as raised before Supreme Court never advanced by petitioners before any of competent authorities or even in High Court Supreme Court, in circumstances, held, not called upon to express any opinion on such new contention. JUDGDLENT MUHAMMAD AKRAM, J. The three petitioners are displaced persons from District Meerut (U. P. India). On the 21st of November 1960, land measuring 1 kanal 8 marlas comprised in Khasra No. 5420/1, situated in the urban area of Montgomery (now Sahiwal) was proposed in their names and allotted on the 3rd of May 1961 at Khata R. L. It No. 153. Likewise, another piece of land measuring 2 kanals 14 marlas 6 sarsahis comprised in Khasra No. 11014/1 situated in the same urban area was proposed in their names on the 27th of February 1963 and then confirmed afterwards on the 6th of March 1963 at Khata RL 11 No. 197. Afterwards however, respondent No. 3, filed a mukhbari applications against the petitioners alleging that they had fraudulently obtained these lands situated in the urban area against their rural claim without any entitlement. On this after the necessary enquiry on the 30th of May 1964, the Revenue Assistant/Deputy Settlement Commissioner (Land) Montgomery, found that these lands situated in the urban area could not have been confirmed against the verified claim of the petitioners for the rural lands abandoned by them in India. In his opinion however, the petitioners had remained in possession of the land measuring 1 kanal 8 marlas comprised in Khata No. 5420/1 for more than five years as its…
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