| Citation(s) |
|---|
| 1983 SLG 231 1983 SLD 231 1983 SCMR 1039 |
Supreme Court of Pakistan
Civil Petition No. 48 of 1978, decision dated: 2-04-1983.(On appeal from the judgment dated 31st October, 1977 of the Lahore High Court in Settlement Revision No. 155 of 1977)
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
B. A. Saleemi, Advocate Supreme Court and Sh. A. Karim, Advocate on-Record for Petitioner. A. R. Shaukat, Senior Advocate Supreme Court and M. Aslam, Advocate-on-Record for
Respondents Nos. 3 and 4
Civil Petition No. 48 of 1978, decision dated: 2-04-1983.(On appeal from the judgment dated 31st October, 1977 of the Lahore High Court in Settlement Revision No. 155 of 1977)
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
B. A. Saleemi, Advocate Supreme Court and Sh. A. Karim, Advocate on-Record for Petitioner. A. R. Shaukat, Senior Advocate Supreme Court and M. Aslam, Advocate-on-Record for
Respondents Nos. 3 and 4
DAHLA
VS
SETTLEMENT COMMISSIONER (LANDS) AND OTHERS
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958) --S. 11 Allotment which is in excess of entitlement of displaced person made in his favour by Settlement Authorities can be cancelled Such cancellation, held, possible under S. 11 and necessary powers thereunder would be available. even where excess allotment has been made on account of bona fide mistake of Settlement Authorities: (b) Civil Procedure code (V of 1908)---¬ S. 11 Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11 Principles of resjudicata applicable to settlement proceed¬ings Settlement Commissioner with powers of Chief Settlement Commissioner cannot decide contrary to decision taken by Settlement Commissioner on tame point in earlier proceedings. [Res judicatal]. ORDER NASIM HASAN SHAH, J: The petitioner questioned the allotment made in favour of respondents Nos. 2 to 5 on the ground that some of it was in excess of their entitlement by filing an appeal before the relevant Settlement authorities and on its failure moved the revisional authority, again unsuccessfully. Undeterred, he again moved the Settlement authorities by filing an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 which succeeded and a Settlement Commissioner exercising the powers of the Chief Settlement Commissioner ordered the cancellation of some part of the allotment holding it to be in excess of the entitlement of the respondents. The above order was challenged in the High Court through a settlement revision which was accepted by a learned Single Judge on two bold grounds, namely : (a) that the Settlement Commissioner with powers of the Chief Settlement Commissioner could not ignore the earlier orders…
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