| Citation(s) |
|---|
| 1981 SLG 452 1981 SLD 452 1981 SCMR 818 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 60 of 1978, decision dated: 17-06-1978.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 29-10-1977 in Writ Petition No. 37/R of 1977)
QAISAR KHAN AND G. SAFDAR SHAH, JJ
Rana Abdul Majid, Advocate and Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 60 of 1978, decision dated: 17-06-1978.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 29-10-1977 in Writ Petition No. 37/R of 1977)
QAISAR KHAN AND G. SAFDAR SHAH, JJ
Rana Abdul Majid, Advocate and Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
JALAL DIN ETC.
VS
OFFICER ON SPECIAL DUTY, CENTRAL RECORD OFFICE and another
Law:
Section:
Constitution of Pakistan (1973)--.- Arts. 199 & 185(3)-Claim, correction of-Petitioners wrongfully getting recorded in their verified claim form even land abandoned by respondents in India and such done by taking undue advantage of similarity of names of fathers of parties-High Court dismissing writ petition of petitioners and directing them to appear before Officer on Special Duty and such Officer coming to conclusion of petitioners having, wrongfully got recorded respondents land in their claim after examination of Jamabandis received from India as well as pedigree-tables of both parties-Officer on Special Duty, held, wholly justified in correcting record and contention that such officer could not reopen matter of claim of petitioners verified for entire land long ago repelled. ORDER G. SAFDAR SHAH, J.---This leave petition, which is meant to impugn the judgment of the Lahore High Court, dated 29th October, 1977 arises in the following circumstances : - On 9th August, 1975 the respondent No. 2 herein, namely. Sardar filed an application before the Officer on Special Duty, Board of Revenue (Settlement and Rehabilitation Wing), Punjab, Lahore, complaining therein that the land which his father, namely, Ghulam son of Lakhveera had abandoned in India was wrongly verified on the Claim Form No. 2003 of another person, namely, Ghulam son of Lakhmira of village Chankothi Khere, Tehsil Fatehabad, District Hissar. Of this application notice was given to the petitioners herein who appeared in the proceedings, were duly heard and thereafter the learned Officer on Special Duty vide his order dated 20th December, 1976 allowed the said application with the result that the verified Claim Form No. 2003 for 93 bighas and 19 biswas of land was withdrawn from the name of respondents herein and instead a fresh Farde-Haqiat was ordered to be issued to them for 47 bighas of land which was their actual entitlement. Being aggrieved of the said order, petitioners herein filed writ petition in the High Court.But the same was dismissed, vide the impugned judgment. It is in this background that they have come up to this Court praying leave to appeal against the impugned judgment…
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