Case Details

Citation(s)
1987 SLG 833 1987 SLD 833 1987 SCMR 2014
Supreme Court of Pakistan
Civil Appeal No.142 of 1974, decision dated: 7-04-1987.On appeal from the judgment and order of the Lahore High Court, Lahore dated 5-11-1975 in Writ Petition No. 1602-R-1965
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
Ch. Ata Ullah, Advocate Supreme Court instructed by Wajid Hussain, Advocate-on-Record (absent) for Appellants. Syed Zahid Hussain, Advocate, Supreme Court instructed by Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents.

ABDUL QADIR and others

VS

CHAIRMAN, ALLOTMENT COMMITTEE and others

Law:

Section:

(a) Constitution of Pakistan (1973)----Arts. 185(3) & 199--Allotment of land--Cancellation of--Locus standi to challenge allotment on basis of to which appellants were not party--Leave to appeal granted inter alia to consider whether appellants were not entitled to the benefit of Rehabilitation Commissioner's order in so far as order of High Court passed in a writ petition whereby order of Rehabilitation Commissioner was set aside was itself reversed by Supreme Court. Abdul Hafiz v. Rehabilitation Commissioner P L D 1966 S.C. 483 ref. (b) Constitution of Pakistan (1973)-- --Arts. 185(3) & 199--Appeal to Supreme Court--Allotment of land-­Cancellation of--Locus standi to challenge on basis of to which appellants were not party--Order of Rehabilitation authorities upheld by High Court--Question arising whether appellants, who had not appealed to Supreme Court although a party in constitutional petition before High Court, were not entitled to the benefit of order of Supreme Court--Since no appeal was filed by appellants to challenge decision of High Court, allotment in favour of respondents became final and appellants had no locus standi to challenge allotment which they had allowed to become final, on basis of of Supreme Court to which they were not parties.--[Locus standi]. Pir Bakhsh v. The Chairman Allotment Committee P L D 1987 S.C. 145 rel. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court is directed against the judgment of a learned Single Judge of the Lahore High Court passed on 5-11-1975 in Writ Petition No. 1602-R of 1965. The dispute in this Court concerns Killa Nos. 10, 11 and 20 of Square No. ? situate in Chak No.147/EB, in Tehsil Pakpattan of the Sahiwal District. According to the appellants, these killa numbers were in the temporary allotment of their predecessor- in-interest, Mohammad Nawaz, since 1947, but they were wrongly proposed and confirmed in the names of the respondents No.4 and 5, namely, Mohammad Aslam Khan and his brother Mohammad Akram Khan on 29-10-1951. As this confirmation took place in the absence of to appellants and was not acted upon by delivery of possession, they did not become aware of the same until…
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