Case Details

Citation(s)
1982 SLG 425 1982 SLD 425 1982 SCMR 682
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 60 of 1982, decision dated: 27-02-1982.(Against the judgment and order of Lahore High Court, Lahore dated 7-12-1981 in Writ Petition No. 5719 of 1981)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, SHAFIUR REHMAN AND M. S. H. QURESHI, JJ
Rashid Murtaza Qureshi, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. S. Wajid Hussain, Advocate-on-Record (absent) for
Respondents.

INAYAT MASIH

VS

CHIEF LAND COMMISSIONER AND ANOTHER

Law:

Section:

Land Reforms Act (II of 1977)--- S. 15--Reserved land-Allotment of-Requirement of law being not only cultivation as tenant but also to be shown in revenue records to be in cultivating possession during kharif 1976 and rabi 1975-76 and petitioner not so recorded in revenue papers-Petitioner, held, rightly adjudged to be not entitled to allotment of reserved land. ORDER SHAFI-UR-REHMAN, J.--The petitioner claimed benefit of para. 15 of the Land Reforms Act, 1977. He was denied that at all levels in the hierarchy of Land Commission. He filed a constitutional petition but failed. He seeks leave to appeal against the judgment of the High Court dated 7-12-1981 whereby the constitutional petition was dismissed. 2. The factual basis of the claim of the petitioner was that he had been a cultivating tenant of the resumed land since 1975 and was on the strength of para. 15 entitled to the allotment of the resumed land. The requirement of para. 15 was that not only the person claiming should be a tenant cultivating the land but also that he should be shown in the revenue records to be in cultivating possession of it during Kharif 1976 and Rabi 1975-76". On scrutiny at all levels and by every authority dealing with the case it was found that the petitioner was not recorded to be in cultivating possession during the crucial…
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