Case Details

Citation(s)
1989 SLG 1761 1989 SLD 1761 1989 SCMR 1536
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.71 of 1982, decision dated: 15-03-1989.(On appeal from the Judgment of the Lahore High Court, dated 1st December, 1981 in Writ Petition No.300/R/81)
MUHAMMAD AFZAL ZULLAH AND USMAN ALI SHAH, JJ
A.R. Shaukat, Advocate, (absent) instructed by Tanvir Ahmed, Advocate-on-Record for Petitioners. Ch. Khurshid Ahmed, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondents Nos.2 and 3.

ALI ASGHAR and anothers

VS

ADDITIONAL SETTLEMENT COMMISSIONER, (LAND)/A.C. and 2others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)----S.10--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal anted to consider that on reading of order passed by Assistant Commissioner/Collector, no units of the petitioners were left to be satisfied but there was some confusion in the last part of the order which could only be clarified by making reference to the Settlement Authorities. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a land settlement case, against the dismissal by the High Court, of petitioners' Constitutional petition. On the last date of hearing learned counsel for the petitioners confidently asserted that he would satisfy the respondents' side/their counsel that at the relevant/crucial time the petitioner did have 109 P.I. Units which required to be adjusted. He had also then stated that if he failed to satisfy the learned counsel, he would not press the petition. Learned counsel for the petitioners is not present today. The case has been heard in presence of learned A.O.R. of the petitioners. When the learned counsel for the respondent was asked as to whether the assertion made by the learned counsel for the petitioners was correct and if not whether he was able to make a categorical statement; that the said number of units or lesser (or more than that number of units), were not available to the petitioner at the relevant time, he answered that in…
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