Law:

Section:

Constitution of Pakistan (1973)--Art. 185--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10, 11 & 19--Appeal before Supreme Court--Judgment of High Court showing that case was one which should have been remanded to notified officer to determine nature of land before allotment in accordance with special Jamabandi and question could not have been decided without perusal of relevant record--While accepting appeal, Supreme Court remanded case for decision after perusing relevant record pertaining to site in dispute, and with direction that only then questions should be decided in accordance with law. JUDGMENT MIAN BURHANUDDIN KHAN, J.-.- Leave was granted by this Court vide order dated 30-4-1973 to consider, amongst others, the question whether the learned single Judge of the High Court has set aside the auction and order dated 29-1-1970 passed by the learned Settlement Commissioner on erroneous grounds; that the said order dated 29-1-1970 was passed after due notice to respondent No.4 and as such the same was a valid order; that the learned High Court Judge should have, in the circumstances of the case, remanded the same to the Settlement Commissioner for decision on merits, after the learned High Court came to the conclusion that the notice of appeal was not served on respondent No.4 and that the appeal filed by the appellants was barred by time. 2. Facts relevant to the case are that residential Plot No.1085 Ward 9 situated in Nawan Shahr, Taraf Ismail, Tehsil Multan was allotted to respondent No.3 through his attorney Mr. Ahmed Yar (first cousin of respondent No.4) by the Additional Settlement Commissioner (lands) by his order dated 17-4-1965. The said attorney then sold the said plot in favour of respondent No.4 allegedly for a sum of Rs.15,000. This property being on urban building site, was included in the Auction List by the Deputy Settlement Commissioner. Respondent No.4 did not object to it. Consequently, this plot was auctioned in am open Auction and was transferred to respondent No.2 against his highest bid of Rs.54,000. He had associated with appellant No. l and later on, transferred his entire interest in the plot in favour of…

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