| Citation(s) |
|---|
| 1983 SLG 311 1983 SLD 311 1983 SCMR 1222 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 285 of 1982, decision dated: 27-04-1982.(On appeal from the judgment and order dated 23 1 1982 of the Lahore High Court, Lahore, in Writ Petition No. 5172 of 1981)
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Ch. Mahmud ul Hassan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate on-Record (absent) for Petitioners. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 285 of 1982, decision dated: 27-04-1982.(On appeal from the judgment and order dated 23 1 1982 of the Lahore High Court, Lahore, in Writ Petition No. 5172 of 1981)
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Ch. Mahmud ul Hassan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate on-Record (absent) for Petitioners. Nemo for
Respondents
MUHAMMAD YAQOOB AND OTHERS
VS
ABDUL GHANI AND OTHERS
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3) read with West Pakistan Land Revenue Act (XVII of 1967), S.40 Record of rights Revision of record of rights Held, relatable to justification found in each case and depends on merits thereof High Court, on examining contentions of petitioner, holding that revision was made after due enquiry at spot and that same could not be considered to be arbitrary No justification for interference with order of High Court. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from dismissal of a Constitutional petition in limine by the Lahore High Court on 23 1 1982. The challenge was to an order passed by a learned Member, Board of Revenue, under section 40 of the Punjab Land Revenue Act, 1967 for revision of record of rights. Learned counsel for the petitioners has reiterated the legal and factual grounds which were pressed before the High Court at the time of hearing of the petition, namely, that section 40 did not permit the Board of Revenue to direct the revision of the records as certain prerequisites did not exist. When asked to elaborate, the learned counsel firstly,…
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