| Citation(s) |
|---|
| 1983 SLG 298 1983 SLD 298 1983 SCMR 385 |
Supreme Court of Pakistan
Civil Appeals Nos. 134 and 156 of 1974, decision dated: 24-04-1982.hearing DATE : 26-04-1982.(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Circuit, dated 23 5 73 in Writ Petitions Nos. 45 R/69 BWP and 1 R/70 B W P)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
M. M. Saeed Beg, Advocate and Hameed Aslam Qureshi, Advocate on-Record for Appellants (in both appeals). Mian Nusratullah, Senior Advocate for
Respondent No. I (in both appeals).M. Asghar Bhaui, Advocate for
Respondent No. 2 (in both appeals).
Respondent
Civil Appeals Nos. 134 and 156 of 1974, decision dated: 24-04-1982.hearing DATE : 26-04-1982.(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Circuit, dated 23 5 73 in Writ Petitions Nos. 45 R/69 BWP and 1 R/70 B W P)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
M. M. Saeed Beg, Advocate and Hameed Aslam Qureshi, Advocate on-Record for Appellants (in both appeals). Mian Nusratullah, Senior Advocate for
Respondent No. I (in both appeals).M. Asghar Bhaui, Advocate for
Respondent No. 2 (in both appeals).
Respondent
HAKIM ALI AND OTHERS
VS
FAZAL DIN AND owns HAKIM ALI AND OTHERS vs SHAMSHAD ALI KHAN AND OTHERS
Law:
Section:
(a) Constitution of Pakistan (1973) -- Arts. 185(31 & 199 read with Supplementary Settlement Scheme No. II, para. 24 Leave to appeal Granted by Supreme Court to consider whether High Court could, in writ jurisdiction, substitute its own finding on question of fact in preference to that of Settlement Commissioner. (b) Supplementary Settlement Scheme No. II ----Paras. 6 & 24, second proviso read with Rehabilitation Settlement Scheme, para. 7(5) Word "allottee" and requirements of second proviso to para. 24, Supplementary Scheme Held, confined to allotment of urban land to actual allottee Para. 7(5) of Rehabilitation Settlement Scheme applies to claim of deceased right holder in respect of rural land but cannot be applied to an allotment made under Supplementary Scheme No. Ii View of High Court that temporary allotment of urban land in favour of appellant could not' notionally be held to mean for benefit of his minor brothers and sisters upheld. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J. This order will govern Civil Appeals Nos. 134 and 156 of 1974 which arise out of the common order of the Lahore High Court, Bahawalpur Circuit, dated 25th of May, 1973, by which Writ Petitions. Nos. 45 R/69 BWP and 1 R/70 BWP were allowed and the orders of the Chairman, Allotment Committee dated 16th of September, 1966, and the Additional Settlement. Commissioner dated 29th of August, 1967, were restored. These petitions were filed to challenge the order of the Settlement and Rehabilitation Commissioner, Bahawalpur, dated 10th of September, 1969, while allowing the three revision petitions of the appellants, held that the other heirs of Ghulam Muhammad could benefit from the temporary allotment of urban land in favour of Hakim Ali under the Settlement Scheme as at the time of the temporary allotment Hakim Ali was the only major son while the others were minor males and females and, accordingly, their names were not "somehow" entered in the R. L. II. Leave to appeal was granted to consider whether the High Court could substitute its own finding on the question of fact in preference to that of the Settlement Commissioner holding that appellant's 2 to 6 were equally entitled to…
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