| Citation(s) |
|---|
| 1987 SLG 264 1987 SLD 264 1987 SCMR 218 |
Supreme Court of Pakistan
Civil Appeal No. 139 of 1975, decision dated: 6-12-1986.(From the judgment of the Lahore High Court, dated 31-5-1974, passed in Writ Petition No. 704-R of 1974)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Ch. Ghulam Dastgir, Advocate-on-Record for Appellant No. 2. Bashir Ahmad Ansari, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for
Respondents 5 to 7. Hafiz S.A. Rehman, Advocate Supreme Court with Ch. Manzoor Ilahi, Advocate-on-Re
Civil Appeal No. 139 of 1975, decision dated: 6-12-1986.(From the judgment of the Lahore High Court, dated 31-5-1974, passed in Writ Petition No. 704-R of 1974)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Ch. Ghulam Dastgir, Advocate-on-Record for Appellant No. 2. Bashir Ahmad Ansari, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for
Respondents 5 to 7. Hafiz S.A. Rehman, Advocate Supreme Court with Ch. Manzoor Ilahi, Advocate-on-Re
MUHAMMAD IBRAHIM and another
VS
GROUP CAPTAIN SALEHUDDIN and another
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XRVIII of 1958)-----S. 10--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.12--Evacuee property--Transfer of--Land transferred as building site and P.T.Ds. issued in 1963-64--Subsequently same land treated as urban agricultural land and transferred in 1969 to a different claimant who in turn sold it to appellants--Coming to know in 1973 about earlier transfer as building site, appellants challenged it in three revisions before Settlement Commissioner which were held incompetent because remedy of appeal was not availed of--Writ petitions filed by appellants were also dismissed--Land which had already been disposed of by competent authority, held, was not available for transfer and thus could not be transferred as urban agricultural land--Subsequent transfer of land, held, bad in law--Appeal being devoid of force, dismissed. (b) Appeal- --- A substantive right--Party having right of appeal failing to exhaust that remedy, held, could not seek his remedy by way of revision. JUDGMENT ALI HUSSAIN QAZILBASH. J.-- This appeal is directed against the order of the Lahore High Court, dated 31-5-1974, whereby the Constitutional petition of the appellants against the order of the Settlement Commissioner, Rawalpindi, dated 14-7-1973, was dismissed. 2. The dispute in this case relates to the transfer of urban agricultural land measuring 8 Kanals, bearing Khasra Nos. 2308/727 (6 Marlas), 2309/727 (1 Kanal), 728 (3 Kanals 12 Marlas) and 729 (3 Kanals 2 Marlas), situate in village Tench, lying within the limits of Rawalpindi Cantonment. This land was initially treated as building site and transferred to respondents 1 to 3 by the Deputy Settlement Commissioner, Rawalpindi, and P.T.Ds. were issued on 10-12-1963, 9-7-1963 and 6-9-1964. It seems that respondents Nos. 1 to 3 later on transferred the land of respondents Nos.7 to 9. 3. Subsequent to the above transfers, a separate proceeding in respect of this very land was initiated under the Displaced Persons (Land Settlement) Act„ treating it as urban agricultural land and transferred to one Said Muhammad against his verified claim. This transfer was however,…
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