Case Details

Citation(s)
1989 SLG 1970 1989 SLD 1970 1989 SCMR 1872
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1075 of 1983, decision dated: 18-02-1989.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 3rd July, 1983 in W. P. No. 1312 of 1972)
JAVID IQBAL AND USMAN ALI SHAH, JJ
Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court, instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for
Respondents.

SHAHAB DIN through Legal HeirS

VS

Mst. KHUDIJA BEGUM and others

Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)----S. 13--Constitution of Pakistan (1973), Art. 185 (3)--Petitioner never appeared throughout the consolidation proceedings and his son had been acting on his behalf--In an earlier consolidation scheme that very son of the petitioner consented to the scheme and signed the same--Said scheme had been accepted by the petitioner and he was satisfied with that--Plea that petitioner's son had been representing him unauthorized, held, was rightly rejected by High Court. ORDER JAVID IQBAL, J.--This petition for (cave is directed against judgment of the Lahore High Court, Lahore dated 3rd .July, 1983 whereby writ petition of the petitioner was dismissed. This is a consolidation matter. The grievance of the petitioner had been minutely examined by learned fudge of the High Court in the light of the entire consolidation record which was summoned in the Court along with the consolidation officer concerned. According to the consolidation record Muhammad Amin the son the petitioner had been appearing on behalf of his father, and signing the relevant resolutions pertaining to the consolidation operation where under the petitioner had obtained 634 kanals inclusive of compensatory area of 33 Kanals and 15 Marlas of Class-I soil. The final settlement had been consented and signed by Muhammad Amin his son. However the petitioner had attempted to raise the pica before the high Court that his son had been representing him unauthorized. This plea had been rightly rejected by the High Court because the Petitioner had never appeared throughout the consolidation proceedings. Furthermore the finding of the Court is that earlier when the consolidation scheme was confirmed on 30 March, 1962 whereby the petitioner got 121 Kanals and 1 Marla of Mst Khudilh Begum ;A…
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