| Citation(s) |
|---|
| 1988 SLG 2991 1988 SLD 2991 1988 SCMR 231 |
Supreme Court of Pakistan
Civil Appeal No.154 of 1983, decided on 31st October, 1987. Date of hearing: 31st October, 1987. (From the judgment of the Lahore High Court, dated 16-12-1981, passed in Writ Petition No.5035 of 1980).
NASIM HASAN SHAH, JUSTICE, SHAFIUR RAHMAN, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Abid Hasan Minto, Advocate Supreme Court and Sh.Masood Akhtar, Advocate-on-Record (absent) for Appellants. M.Nawaz Abbasi, Assistant Advocate General, Punjab, instructed by S.Abid Nawaz, Advocate-on-Record (Absent) for
Respondents 1 to 3. M.A.Zafar, Adv
Civil Appeal No.154 of 1983, decided on 31st October, 1987. Date of hearing: 31st October, 1987. (From the judgment of the Lahore High Court, dated 16-12-1981, passed in Writ Petition No.5035 of 1980).
NASIM HASAN SHAH, JUSTICE, SHAFIUR RAHMAN, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Abid Hasan Minto, Advocate Supreme Court and Sh.Masood Akhtar, Advocate-on-Record (absent) for Appellants. M.Nawaz Abbasi, Assistant Advocate General, Punjab, instructed by S.Abid Nawaz, Advocate-on-Record (Absent) for
Respondents 1 to 3. M.A.Zafar, Adv
PEHLWAN AND 3 OTHERS
VS
MEMBER (COLONIES), BOARD OF REVENUE PUNJAB AND 3 OTHErs
Law:
Section:
Ejected Tenants Scheme-- ---State land--Allotment of application for grant of proprietary rights over the suit land, allegedly allotted to them under Ejected Tenants Scheme, rejected by Collector--Appeal and revision petition of appellants dismissed by Commissioner and Board of Revenue respectively and writ petition also dismissed by High Court in occupation of land in dispute for quite a long time and had been paying its land revenue but there was no evidence to show that they were so occupying same under some authority-- Roznamcha Waqiati relied upon by appellants not indicating that land was allotted to them unable to controvert the factual position, held, had no right whatsoever to claim any ownership rights-Appeal dismissed. JUDGMENT ALI HUSSAIN QAZILBASH, J.- This is an appeal by leave against the order of a learned Single Judge of the Lahore High Court, dated 16th December, 1981, whereby the constitutional petition of the appellants was dismissed. 2. The facts are that Pehlwan appellant and three others are occupants of Killas No.13 to 20 of Square No.3 in Chak No.514/G. B. , Tehsil Samundri, District Faisalabad, since 26-6-1957 and it is alleged that the same was allotted to them under the Ejected Tenants Scheme by the Collector, Faisalabad, on 12-6-1957, vide Roznamcha Waqiati No.523. The area occupied is 69 kanals 5 marlas. It is also alleged that the appellants have been paying regularly the revenue charges and other dues of the property since its alleged allotment. It so happened that somewhere in 1979 the appellants submitted an application to the Collector for grant of proprietary rights over the suit land but the same was rejected on 16-4-1979. The appeal and the revision petition of the appellants were dismissed by the Commissioner, Sargodha Division, and Member, Board of Revenue, Punjab, on 18-11-1979 and 3-4-1980, respectively. Ultimately the appellants filed a writ petition in the High Court which was also dismissed on 16-12-1981. 3. Leave was granted in this case to consider…
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