| Citation(s) |
|---|
| 1983 SLG 207 1983 SLD 207 1983 SCMR 1007 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 481 of 1977, decision dated: 12-04-1983.(On appeal from the judgment and order of the Lahore High Court dated 3 5 1977 in W. P. 1045/R/70)
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
A. R. Sheikh, Senior Advocate Supreme Court with Maqbool A. Qadri, Advocate on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No. 481 of 1977, decision dated: 12-04-1983.(On appeal from the judgment and order of the Lahore High Court dated 3 5 1977 in W. P. 1045/R/70)
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
A. R. Sheikh, Senior Advocate Supreme Court with Maqbool A. Qadri, Advocate on-Record for Petitioner. Nemo for
Respondents
Sardar MUHAMMAD KHAN ALVI
VS
BASHIR AHMAD AND 15 OTHERS
Law:
Section:
Constitution of Pakistan (1973)---Arts. 185(3) & 199 read with Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 10 Leave to appeal Granted to consider contentions (i) that in view of clear and definite finding of Supreme Court Settlement Authorities were not precluded or disqualified from coming to their own conclusions on various issues; (ii) that contrary view taken by High Court was not sustainable in eye of law, and (iii) that disputed questions of facts do not form proper subject for exercise of Constitutional Jurisdiction when finding thereon based on evidence on record. ORDER MIAN BURHANUDDIN KHAN, J. The petitioner a claimant/displaced person was given temporary allotment of land in Chak No. 127/GB Tehsil Jaranwala, District (Faisalabad) Lyallpur in the year 1947. Subsequently, when the' claims were invited the petitioner registered his claim for Chak 213/RB, District Lyallpur. The petitioner's claim was entered in RL 11 Register on 7 7 1952 and some area out of the Crown land proposed to be allotted to him but later on this was also cancelled and his claim was entered in RL II Register of Chak No. 127/GB. The respondents then applied for being treated as sitting allottees of Chak No. 127/GB as orphan and widow of Niaz Din who had filed a claim earlier in Chak No. 362/JB Tehsil Toba Tek Singh which was later on cancelled and no objection was taken by Niaz Din. Niaz Din who was when alive, challenged the mutation of inheritance. Later on when he died on 5 11 1958 the petitioner filed two appeals challenging the allotment of land in Chak No. 127/GB. Both the appeals were against orders of allotment in favour of respondent dated 23 5 1956 and 30 1 1957. These appeals were dismissed. The petitioner then filed revision petitions which were accepted and the case was remanded to the Deputy Rehabilitation Commissioner for further inquiry on three points (i) whether Niaz Din was alive on 26 4 19.58 the day he signed Wakalatnama and preferred the appeal against mutation of his inheritance; (ii) whether Niaz Din registered claim form for Chak No. 362/JB and it was regular or through back door transferred to this estate, namely Chak No. 127/GB and…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492