Case Details

Citation(s)
1985 SLG 493 1985 SLD 493 1985 SCMR 491
Supreme Court of Pakistan
Civil Appeal No. 123 of 1974, decision dated: 9th December 1984. (On appeal from the judgment and order, dated 11-12-1973 of the Lahore High Court, Lahore, in Writ Petition No.980/R of 1967)
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, SHAFIUR REHMAN AND ZAFFAR HUSSAIN MIRZA, JJ

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GUL MUHAMMAD and others

VS

THE ADDITIONAL SETTLEMENT COMMISSIONER and others

Law:

Section:

(a) Constitution of Pakistan (1973)-Art.185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Leave to appeal granted to purchaser of an allotted property to examine whether his case had received proper, consideration and examination in High Court regarding cancellation of original allotment order. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---Ss.10 & 11--Purchaser of allotted property--Cancellation of original allotment on ground of double allotment--Purchaser of such allotted property, held, could not claim protection--Reliance on 1977 S C M R 208, held, was misplaced same having been distinguished and right of such purchaser not recognized in 1984 S C M R 1027. Officer-on-Special Duty, Central Record Office and others v. Bashir Ahmad and 9 others 1977 S C M R 208 ref. Officer on Special Duty, Central Record Office and others v. Bashir ahmad and 9 others 1977 S C M R 208 distinguished. (c) Constitution of Pakistan (1973)-- ---Art.199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--High Court in exercise of its discretionary jurisdiction is not bound to interfere in all circumstances--Proper exercise of its discretion would be not to, interfere with order of Chief Settlement Commissioner in that case, even if it felt that order of Chief Settlement Commissioner, whereby he rendered order of Settlement Commissioner as null and void was not strictly legal. Tufail Muhammad v. Raja Muhammad Zia Ullah Khan and another P L D 1965 S C 269 and Begum Shams-un-Nisa v. Said Akbar Abbasi and another P L D 1982 S C 413 ref. (d) Constitution of Pakistan (1973)-- ---Arts. 199 & 185--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Facts of case of petitioner (in constitutional jurisdiction before High Court) fully taken note of while taking note of appellate order of Additional Settlement Commissioner--Judgment of High Court demonstrated beyond any shadow of doubt that grant of relief to petitioner before it in facts and circumstances of case would have been an action in aid of injustice--Supreme Court did not interfere in order of High Court refusing any relief to such…
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