| Citation(s) |
|---|
| 1988 SLG 3014 1988 SLD 3014 1988 SCMR 312 |
Supreme Court of Pakistan
Civil Petition No. 1107 of 1980, decided on 25th November, 1987. Date of hearing: 25th November, 1987. (Against the judgment and order of the Lahore High Court, Lahore, dated 21-5-1980 in W.P.No.1384-R of 1974).
SHAFIUR RAHMAN, JUSTICE, ZAFFAR HUSSAIN MIRZA, JUSTICE
Syed Afzal Haider, Advocate Supreme Court instructed by Rana Maqbool A.Qadri, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition No. 1107 of 1980, decided on 25th November, 1987. Date of hearing: 25th November, 1987. (Against the judgment and order of the Lahore High Court, Lahore, dated 21-5-1980 in W.P.No.1384-R of 1974).
SHAFIUR RAHMAN, JUSTICE, ZAFFAR HUSSAIN MIRZA, JUSTICE
Syed Afzal Haider, Advocate Supreme Court instructed by Rana Maqbool A.Qadri, Advocate-on-Record for Petitioner. Nemo for
Respondents.
DIN MUHAMMAD
VS
THE SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISION NOW REPRESENTED BY BOARD OF REVENUE, PUNJAB, LAHORE AND OTHErs
Law: Constitution of Pakistan, 1973
Section: 185(3)
Constitution of Pakistan (1973)-- ---Art.185(3)--Evacuee property--Title--Leave to appeal--Grant of--Misreading of record--Leave to appeal granted to examine plea that factual assumptions in impugned order were totally against record of case. ORDER SHAFIUR RAHMAN J.- The decision of the Settlement Commissioner impugned in Constitutional Petition proceeds on following facts accepted by the Settlement Commissioner for determining title of respective parties:- From the above factual position and the perusal of the impugned order, it can be easily said that the petitioner and the respondent could be entitled to what was surrendered to them by the original transferees. It was 100 sq. yards in the case of the petitioner and in case of the respondent it was only 53 sq. yds and it is just according to the surrender deeds in both the cases and that was accordingly ordered by the DSC earlier to the impugned order.…
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