Case Details

Citation(s)
1992 SLG 985 1992 SLD 985 1992 CLC 1761
Lahore High Court
W.P. No. 1513 of 1974, heard on 11th June, 1991
RAJA AFRASIAB KHAN, J
Mian Sher Alam for Petitioner. Rana M. Arshad Khan AA.G. with Syed Najaf Hussain for
Respondents Nos.1 and 2. Ch. M. Ashraf Wahla for
Respondents Nos.3 to 4

Haji NOOR MUHAMMAD

VS

MEMBER BOARD OF REVENUE and others

Law:

Section:

West Pakistan Board of Revenue Act (XI of 1957)--- ----Ss. 3, 6 & 7---Additional Chief Land Commissioner who was not appointed as a full-fledged Member, Board of Revenue at time he heard and decided revision, was not competent to decide controversy---Order passed by such Additional Chief Land Commissioner was coram non judice and was liable to be set aside. Barkat Ali v. Bashir Ahmed 1980 SCMR 731 ref. JUDGMENT I have heard the learned counsel for the parties at some length. Learned counsel have brought to my notice that Mr. S.M. Nasim, learned Additional Chief Land Commissioner was not appointed as a full-fledged Member, Board of Revenue when he heard and decided the revision petition of the petitioner on 22-6-1974. It is thus argued by both the learned counsel that Mr. S.M. Nasim was not competent to decide the controversy and as such the lis between the parties was still pending adjudication. In this behalf learned counsel have relied upon the judgment reported as Barkat Ali v. Bashir…
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