Case Details

Citation(s)
1987 SLG 804 1987 SLD 804 1987 SCMR 2015
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.417 of 1982, decision dated: 1st August, 1987.From the judgment of the Lahore High Court dated 6-4-1982 passed in W.P. 139-R of 1982
SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Ch. Khalilur Rehman, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondent

MUHAMMAD AZEEM KHAN

VS

MUHAMMAD AMIN (deceased) through his Legal Heirs

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-----Ss. 10 & 11--Constitution of Pakistan (1973), Art. 185(3)--Allotment of land--Factual inquiry was required to be undertaken by the designated authority having exclusive jurisdiction and conclusion of which was adverse to petitioner--Records showing a conflict but it was not within domain of Supreme Court nor within purview of proceedings taken in Supreme Court or in High Court as it was a factual controversy--Decision taken on facts would not require interference because view taken by Chief Settlement Commissioner could in fact be taken as he had access to all the original record that was subject-matter of examination and reference--Case not a fit one for grant of leave to appeal--Petition dismissed. ORDER SHAFIUR RAHMAN, J.--The petitioner, a purchaser of land allotted to an informer, challenges the decision of the Lahore High Court dated 6-4-1982 whereby a constitutional petition filed by him against the refusal of the Chief Settlement Commissioner to upset the allotment of that land earlier to Ahmad Din was dismissed. 2. Ahmad Din was allotted the disputed land on 30-10-1964 against his verified entitlement. He sold the land to Muhammad Amin on 9-4-1965. Information was laid against this allotment by one Ahmad Khan Jee and the allotment was set aside on 26-11-1969 and the resumed land was allotted to this informer, who in turn sold it to the petitioner on 3-10-1970. A constitutional petition (W.P. 1054-R of 1974) was filed by Muhammad Amin which succeeded on 27-6-1977 and the civil petition for leave to appeal against it (C.P. 552/1977) also failed on 11-6-1979. A reference to the decision of the High Court and that of this Court bears it out that the writ petitioner Muhammad Amin was held to be a bona fide purchaser for value and among other reasons this was the reason given for not interfering with the allotment of Ahmad Din. However, the proceedings were remanded to the Settlement Commissioner for re-examining the other aspects of the case. This aspect appears fully from the following observations of this Court:- "...We respectfully agree with the learned High Court that in purchasing the…
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