| Citation(s) |
|---|
| 1989 SLG 789 1989 SLD 789 1989 SCMR 850 1989 SLD 1345 1989 SCMR 850 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.204-R of 1987, decision dated: 29th January 1989
SHAFIUR RAHMAN AND USMAN ALI SHAH, JJ
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Civil Petition for Leave to Appeal No.204-R of 1987, decision dated: 29th January 1989
SHAFIUR RAHMAN AND USMAN ALI SHAH, JJ
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PAKISTAN through Chairman, Railway BoarD
VS
KHUDA BAKHSH and 7 others
Law: Constitution of Pakistan, 1973
Section: 185(3)
Colonization of Government Lands (Punjab) Act (V of 1912)--S.10--Constitution of Pakistan (1973), Art. 185(3)--Respondents purchased land from Collector, mutation whereof had been attested--Federal Government claiming land as its own--Dispute turned out basically to be a dispute of title between Federal Government and Provincial Government--Transfer of Property Act, being in force in the area where transaction took place, conveyance deed by which property was sold should have been looked into rather than mutation register and entries thereof--Courts below having not attended to such aspect of case it appeared to be necessary to examine the same for which leave to appeal was granted. Muhammad Aslam Chattha, Advocate Supreme Court/Advocate-onRecord for Petitioner. Talib Hussain Awan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondents Date of hearing: 29th January, 1989. ORDER SHAFIUR RAHMAN, J.--The respondents as plaintiffs sought a declaration that they were owners of the disputed land measuring 5 kanals 6 marlas in…
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