Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Compensation and Rehabilitation) Act (XXVII1958)--S.10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider question whether structure erected upon a part of Khasra transferred to respondent was being used for purpose subservient to agriculture anti constituted agricultural land or it was a residential house, was one for Settlement Authorities to decide and that lower Courts had no jurisdiction to sit in Judgement upon their findings in this regard and that High Court as well as Additional District Judge erred in holding that suit with regard thereto before Court was Al maintainable. Muhammad Nawaz v. Abdullah 1988 C L C 1285 ref. Ejaz Ahmad Khan, Advocate-on-Record for Petitioners Date of hearing: 12th July, 1988. ORDER SAAD SAOOD JAN, J.--The dispute between the parties relates to a structure erected upon a part of Khasra No. 233 of Qasba Serai Sidhu in Tehsil Kabirwala. According to the petitioners this structure was being used for purposes subservient to agriculture. On the other hand the case of respondent No. 1 was that it was a residential house. The said khasra was allotted to the petitioners under Rehabilitation Scheme on 24-8-1963. Subsequently, on 8-12-1972, the local Tehsildar exercising powers of Assistant Settlement Commissioner transferred the structure to respondent No. 1. After receiving the transfer respondent No. l filed an appeal before the Additional Settlement Commissioner for the cancellation of the allotment of the petitioner but it was dismissed. He then filed a revision petition before the Settlement Commissioner but that too failed. On the other hand, the petitioners also filed a revision petition against the allotment of the structure to respondent No. 1 before this Settlement Commissioner. The learned Settlement Commissioner accepted their…

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