| Citation(s) |
|---|
| 1985 SLG 912 1985 SLD 912 1985 SCMR 1701 |
Supreme Court of Pakistan
Civil Appeal No. 53 of 1973, decision dated: 9-10-1984 (From the order of the Lahore High Court, dated 8-12-1971 passed in Writ Petition No. 625-R of 1967)
ASLAM RIAZ HUSSAIN, ACTG. C.J., M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
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Civil Appeal No. 53 of 1973, decision dated: 9-10-1984 (From the order of the Lahore High Court, dated 8-12-1971 passed in Writ Petition No. 625-R of 1967)
ASLAM RIAZ HUSSAIN, ACTG. C.J., M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
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MUHAMMAD JAMIL represented by his Legal Heirs--Appellant
VS
. AHMAD ZAMAN KHAN and others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal granted to consider whether High Court had rightly decided in treating brick kiln as part of agricultural land although claim of appellant to have same transferred to him as industrial concern had not been finally disposed of by Settlement authorities. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958), ---S. 2(3)--Allotment of industrial concern--Brick kiln--Order of Additional Rehabilitation 'Commissioner indicating that question whether brick kiln was situated in particular Khasra number and that appellant's claim to its transfer would be examined at time of dealing with his application--High Court, held, was in error in treating direction to allot land in such Khasra number to sitting allottees to mean rejection of appellant's case--Revising authority, held, was right in holding that subordinate authority did not consider it obligatory that entire Khesra number should be allotted to allottees of the village. (c) Evidence Act (I of 1872)-- ---S. 116--Estoppel--Plea of--Order of High Court showing appellant having objected to correctness of statement sought to be basis for estoppel, before Supreme Court--Plea of estoppel, held, was not established. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S. 2(3)--Allotment of industrial concern--Factual dispute about area-Notified. officer directed by Supreme Court to report within specified time as to actual area covered by industrial concern (brick kiln) and whether appellant had made application for transfer of industrial concern and if same was pending--Such direction, however, was issued by consent of parties. Ch. Khurshid Ahmad, Advocate Supreme Court instructed by Salahud-Din, Advocate-on-Record for Appellant. S.M. Zafar, Senior Advocate Supreme Court instructed by Rana M.A. Qadri, Advocate-on-Record for Respondent No. 1. Shehzad Jehangir, Advocate Supreme Court for the Department. Date of hearing: 9th October, 1984. JUDGMENT M.S.H. QURAISHI, J.--The dispute in this appeal, by leave of the Court, relates to the allotment of a brick-kiln covering 15 Kanals and situate in Khasra No. 396 measuring 45 Kanals 9 Marlas in…
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