Case Details

Citation(s)
1984 SLG 476 1984 SLD 476 1984 SCMR 319
Supreme Court of Pakistan
Civil Appeal No. 154 of 1978, decision dated: 10-01-1984 (On appeal from the judgment dated 27-02-1976 of the Lahore High Court in W. P. No. 506-R/1975)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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MUHAMMAD SIDDIQUE--Appellant

VS

. OFFICER-INCHARGE, CENTRAL RECORD OFFICE, Lahore High Court AND others--Respondents

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)------ Ss. 10 & 11-Mukhbari application by appellant against respondent alleging therein that respondent had secured allotment far in excess of his true entitlement-Additional Settlement Commissioner (Lands) with powers of Chief Settlement Commissioner, finding allegation to be correct, reducing entitlement of respondent and excess area ordered to be given to informant-Respondent served by proclamation in news­paper without first trying to serve through personal service--Held, there may be some force in contention raised by respondent that service through proclamation in newspaper was not justified in circumstances and delegatee of Chef Settlement Commissioner should not have proceeded against respondent in his failure to appear in pursuance of said proclamation in newspaper. (b) Displaced Persons (Land Settlement Act (XLVII of 1958)-- ----Ss. 10 & 11-No fraud or misrepresentation involved but only error committed in calculating entitlement by officer of settlement depart­ment-Held, although S. 10 could not be invoked in such a case but, an error can be corrected under S. 11 which empowers Chief Settlement Commissioner, inter alia to amend or vary terms of allotment. Ch. Muhammad Ahmad Bani, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Appellant. Respondents Nos. 1 and 2: Ex parte. Ch. Qadir Bakhsh, Senior Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Respondents Nos. 3 and 4. Date of hearing:10th January, 1984. JUDGMENT NASIM HASAN SHAH, J.-This appeal, by leave of this Court, is directed against the judgment dated 27-2-1976 by a learned Single Judge of the Lahore High Court passed in Writ Petition No. 506-R of 1975. The relevant facts briefly are that the predecessor-in-interest of respon­dents Nos. 3 to 4 was allotted land equivalent to 682 P. I. Units by the order of a Settlement Commissioner dated 5-1-1973. Muhammad Siddique, appellant herein, acting as an informant submitted on 11-9-1973 a mukhbari application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, alleging therein that the respondents had secured…
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