Case Details

Citation(s)
1980 SLG 474 1980 SLD 474 1980 PLD 214
Supreme Court of Pakistan

KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, JJ

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REHMAT ALI

VS

SETTLEMENT COMMISSIONER AND OTHERS

Law:

Section:

(a) Displaced Persons (LAW Settlement) Act (XLVII of 1958 S. 14(1-A) {as inserted by Displaced Persons (Land Settlement) (Amendment) Act (LV Of I973)l road with Displaced Persons (Land Settlement) (Amendment) Ordinance (VI of 1974), Displace Persons (Land Settlement) (Amendment) Act (XJCXVI of 1974) and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2(2), (3) &s 3(1)-,- mukhbari proceedings Transfer of property-Right of occupant- Right to purchase conferred on occupant in S. 3 of Act XIV of 1975- Subject to result of proceedings pending under repealed laws, namely, proceedings initiated :-on information, of informers and their cons6quential rights to have )and subject-matter of mukhbari-Contention the petitioner having occupied land as tenant for four harvests under outgoing allottee and no order of ejectment having been passed against him in t oaf such land, land be first offered for sale to him as contemplated in first proviso to S. 3(1) of Act XIV of 1975, held, not tenable. Shah Nawaz and others-v -Member Board of Revenue- P L D- 1978_ S C % 66 ref. -----~u. 74 (I-A). fall inserted by displaced Persons (Land Settlement) (Amendment) Act fW of 19731) .read- with Displaced Persons (Land Settlement) (Amendment) Ordinance (VI of 19'14), Displaced Persons (Land Settlement) (Amendment) Act (XXXVI of 1974) and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3 W--Mukhbari proceedings-Rights of informer and occupant-Mukhbarl proceedings, despite subsequent enactments and repeal of Displaced Persons laws, held, could continue and taken to their logical end in form of bestowing reward of his mukhbari on informant, Nawab pin v. Member, Board of Revenue (Settlement and Rehabilitation), Punjab and others P L D 1979 S C 846 ref. (e) Displaced Persons (Land Settlement) Act (XLVII of 1958)--~. S. 14(1-A) and Displaced Persons Laws (Repeal) Act- (XIV of 1975), S.3(1)-Mukhbari proceedings-Occupant's right to purchase---Land subject-matter of fraudulent allotment--Held, can always be duly resumed, whether in occupation of defrauding allottee or in occupation of his tenants. It was argued that the land may be resumed from the original fraudulent allottee or…
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