Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 2 (3)--Leave to appeal granted to examine whether appellants were not entitled to transfer of a rural evacuee building of which they were in possession since 1951 and whether High Court had justifiably denied them relief sought for. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S. 2(3)--Transfer of evacuee land--Appellants having failed before Settlement Authorities in getting evacuee land transferred to them, approached Revenue Authorities and got mutation entry with regard to nature of land changed from "agricultural" to "building site"--Order set aside in revision--Constitutional petition against order refusing to give effect to this change in revenue record--High Court declined to interfere with finding of fact by competent authority and also due to finality of previous adjudications against appellants--Appellants, held, could by reference to Revenue Authorities, get earlier decisions nullified by having nature of land altered from "agriculture" to "building" or "building site"--Order upheld in circumstances. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S. 2(3)--Evacuee land--Question as to whether land was agricultural or building site--Held, it was not intention or purpose for which land was, held, that determined its character but the actual use to which it was put at time of Partition--High Courts view that it was primarily a question of fact as to what use land was put at time of Partition and how it was recorded in Special Jamabandi of that period, upheld by Supreme Court. Shaukat Hussain Rizvi v. Dr. Yar Muhammad P L D 1974 S C 276; Abdul Jabbar v. Settlement Commissioner, Sheikhupura and others 1969 SCMR 114; Nafeesa Bano and others v. Chief Settlement Commissioner, West Pakistan, Lahore and another P L D 1969 Lah. 480 ref. Muhammad Zainul Abidin, Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate-on-Record (absent) for Appellants. Respondent No. 9 in person. Date of hearing: 6th November, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to examine whether the appellants were…

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