Case Details

Citation(s)
1987 SLG 707 1987 SLD 707 1987 SCMR 1820
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.57-Q of 1986, decision dated: 13-04-1987. From the judgment of the Baluchistan High Court dated 27-8-1986, passed in Regular First Appeal No. 13 of 1986
ABDUL KADIR SHAIKH, S. A. NUSRAT, AND ZAFFAR HUSSAIN MIRZA, JJ
Iftikhar Muhammad Advocate-on-Record for Petitioners. Nemo for
Respondents

QADIR BAKHSH and another

VS

SANWAL KHAN and 6 others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Martial Law Regulation No. 117, para. 5(3)--Allotment of agricultural land in favour of petitioners set aside by Board of Revenue and land -granted to respondents--Respondents suit for declaration, injunction possession and mesne profits decreed--High Court on appeal by petitioners, maintained decree except with respect to mesne profits as case of respondents in that behalf was found to be untenable--Judgment of High Court being well considered and no question of law arising for consideration, leave to appeal refused. ORDER S.A. NUSRAT, J.--The dispute in this petition relates to survey No.232 situate in Deh Baro, Teshsil Jhat Pat of District Naseerabad. The said survey number was initially allotted to the petitioners under section 5(3) of Martial Law Regulation No.117 by the Land Reforms Officer/Deputy Commissioner, Naseerabad. This order was successfully challenged by the respondents and the order of allotment was set aside by the Board of Revenue and the land was granted to the respondents on 23rd July, 1975. This decision was challenged by the petitioners before the Federal Government, but their revision was dismissed on 10-3-1984. The respondents having thus been granted the disputed land, filed a suit on 9-2-1981 in the Court of the District Judge, Sibi for declaration, injunction, possession and mesne profits. The petitioners contested the suit and after necessary trial the suit was decreed in favour of the respondents on 29-6-1986 by the District Judge,…
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