| Citation(s) |
|---|
| 1989 SLG 1933 1989 SLD 1933 1989 SCMR 1807 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 1144 and 1145 of 19,84, decision dated: 28-11-1988
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Ncmo for
Respondents.
Civil Petitions for Leave to Appeal Nos. 1144 and 1145 of 19,84, decision dated: 28-11-1988
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Ncmo for
Respondents.
Mst. DATAN MAI and 5 others
VS
Mst. SARDARAN BIBI and 5 others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)---5. 19--Constitution of Pakistan (1973), Art. 185 (3)--Petition for leave to appeal--High Court disposing of matter with concurrence of parties--Petitioners' contention wits that notwithstanding the agreement/consent of parties an illegality had crept into proceedings because the suit land being still in the ownership o1' State, was not subject to alienation, except in accordance with the approval of functionaries under S.19 of the Conlonization of Government Lands (Punjab) Act, 1912--Court having not interfered with the enforcement of agreements its distinguished from alienations, to that extent S. 19 of Act V of 1912 could not operate as it bar--High Court's order having been passed on the basis of lawful award as also on concurrence shown by both sides, leave to appeal was refused. ORDER MUHAMMAD AFZAL ZLJI.LAH,J.--These two petitions relate to the same subject-matter; they arc being disposed together. 2. While disposing of the matter, before it a learned Judge of the High Court observed its follows:- "During the hearing of this FAO, both the parties concurred to abide by the statement of Sycd Muhammad Azim Shah Bokhari, Member District Council, as to whether or not flaliz Mahmood one of the Arbitrators had taken part in the proceedings. In case he stated that he had participated, then the appeal was to he accepted otherwise it wits to be dismissed. Syed Muhammad Azim Shah Bokhari, Member District Council has clearly stated (statement…
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