| Citation(s) |
|---|
| 1982 SLG 241 1982 SLD 241 1982 SCMR 280 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 407 of 1975, decision dated: 22-11-1980.(On appeal from the judgment of the Lahore High Court dated 1-4-1975 in Writ Petition No. 227-R of 1973)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
A. R. Saukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 407 of 1975, decision dated: 22-11-1980.(On appeal from the judgment of the Lahore High Court dated 1-4-1975 in Writ Petition No. 227-R of 1973)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
A. R. Saukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Hafiz MOHKAMUDDIN
VS
SETTLEMENT COMMISSIONER (L) AND 2 others
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)-Leave to appeal-Having lost contest against respondents in respect of property in dispute, petitioner resorting to mukhbari application so as to reopen same questions-Respondents not shown to have committed any fraud or misrepresentation so as to justify initiation of proceedings against them-High Court's observations holding it highly improper to reopen case in writ proceedings which have to be used very sparingly and only when Settlement Authorities satisfied as to having been defrauded, held, justified in circumstances. Syed Dilber Hussain v. Dr. Syed Ahmad Jamalullah and others C. P. S. L. A. No. 471 of 1975 ref. ORDER ABDUL KADIR SHAIKH, J.--Lahore High Court has quashed proceedings against respondents Nos. 1 and 2 under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, which were initiated by Hafiz Mohkamud-4in, petitioner herein, who now seeks special leave to appeal. The main reason that prevailed with the High Court was that have lost in the contest, against the respondents in respect of the property in dispute, the petitioner resorted to a mukhbari application so as to reopen the same questions which…
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