| Citation(s) |
|---|
| 1989 SLG 1619 1989 SLD 1619 1989 SCMR 1318 |
Supreme Court of Pakistan
Civil Petition No.486 of 1985, decision dated: 25th.March, 1989
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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Civil Petition No.486 of 1985, decision dated: 25th.March, 1989
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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FAIZ BAKHSH and others
VS
MULTAN MUNICIPAL CORPORATION, MULTAN
Law:
Section:
Municipal Administration Ordinance (X of 1960)--S.93(2)--Graveyard--Shamilat Deh--Jamabandi for the year 1951-52 showed that the whole Khasra was part of the Shamilat Deh--Existence of houses of the grave-diggers on a part of the Khasra was not unnatural but there was no evidence on record that they had been permitted to occupy a part of the graveyard to a capacity other than as licensee to perform their function as grave digger--Claim of grave-diggers that they were owners of the land was not sustainable. M.M. Saeed Beg, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 25th March, 1989. ORDER SAAD SAOOD JAN, J.--The petitioners are grave-diggers. They occupied a portion of hasra No.1255 in village Taraf Ismail, Multan. By a notification issued under section 93(2) of the Municipal Corporation Ordinance the Commissioner, Multan Division, declared the said Khasra as a graveyard and vested its maintenance and administration in the Municipal Committee, Multan. On 16-4-1978, the petitioners filed a suit for a permanent injunction to restrain the Municipal Corporation, Multan, from ejecting. them from the portions in their possession. The suit was dismissed by the trial Court and the petitioners' appeal before the Additional District Judge and revision petition before the High Court failed. They now seek leave to appeal from this Court. 2. The earliest jamabandi which has been placed on the record relates to the vear 1951--52. In this…
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