| Citation(s) |
|---|
| 1982 SLG 271 1982 SLD 271 1982 SCMR 349 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1148 of 1980, decision dated: 3rd December, 1980
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
Mirza Hafeezul Rehman, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for Petitioners. Kh. Muhammad Tufail, Advocate Supreme Court and Rana M. A. Qadri, Advocate-on-Record for
Respondents.
Civil Petition for Special Leave to Appeal No. 1148 of 1980, decision dated: 3rd December, 1980
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
Mirza Hafeezul Rehman, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for Petitioners. Kh. Muhammad Tufail, Advocate Supreme Court and Rana M. A. Qadri, Advocate-on-Record for
Respondents.
ALLAH YAR AND others
VS
BEGUM SARWAR KHATOON AND OTHERS
Law:
Section:
Settlement Scheme No. I---Para. 19-Excess land, retention and surrender of Allottee in matter of retention and surrender of land, held, possesses a right to exercise choice. ORDER KARAM ELAHEE CHAUHAN, J.-Begum Sarwar Khatoon, respondent had received certain land in excess of her entitlement. Later on she surrendered the excess area and exercising a choice retained the precise area which is presently in dispute and which is described more fully in the petition. 2. It appears that the present petitioners (Allah Yar and others) also laid claim to have that area but having failed at the departmental level they filed a constitutional petition being W. P. 6596 of 1980 which was dismissed by the High Court on 17-6-1980, on the ground that the matter was concluded by a previous judgment of that Court passed on 10-4-1974 in Writ Petition No. 512/74. It may be mentioned that in the aforesaid writ petition the High Court had accepted the…
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