| Citation(s) |
|---|
| 1992 SLG 815 1992 SLD 815 1992 SCMR 2260 |
Supreme Court of Pakistan
Civil Appeal No. 872 of 1990, decision dated: 23-08-1992,hearing DATE : 17-06-1992 (From the judgment of Lahore HighCourt, dated 22-5-1988 passed in 1. P.A. No.80 of 1969)
AJMAL MIAN, RUSTAM S. SIDHWA AND SAEEDUZZAMAN SIDDIQUI, JJ
Civil Appeal No. 872 of 1990, decision dated: 23-08-1992,hearing DATE : 17-06-1992 (From the judgment of Lahore HighCourt, dated 22-5-1988 passed in 1. P.A. No.80 of 1969)
AJMAL MIAN, RUSTAM S. SIDHWA AND SAEEDUZZAMAN SIDDIQUI, JJ
MUHAMMAD SIDDIQ and 2 othersMUHAMMAD SHARIF and others
Law:
Section:
(a) West Pakistan Rehabilitation and Settlement Scheme, 1956--Paras. 46 & 46-A---Constitution of Pakistan (1973), Art.185(3)--Jurisdiction of Civil Court---Leave to appeal was granted to consider whether in view of paras. 46 & 46-A, Rehabilitation and Settlement Scheme, jurisdiction of Civil Court was barred and even otherwise mutation affected in favour of appellants was not liable to be interfered with. (b) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Paras. 46 & 46-A---Remedy by way of civil suit when available in respect of evacuee land---Bar of such remedy---Inheritance dispute pertaining to allottee whose allotment was confirmed---Normal remedy of resolving such dispute was through civil suit---Such remedy, however, could not be availed of in respect of disputes relating to inheritance of property of allottee whose allotment was only temporary under Rehabilitation and Settlement Scheme and it was yet to be confirmed---Paras. 46 & 46-A, Rehabilitation and Settlement Scheme contained elaborate procedure to deal with such disputes. Mst. Ghulam Fatima v. Muhammad Hussain and 5 others PLD 1976 SC 729 rel. Fateh Sher etc. v. Sharif Khatoon etc. 1986 CLC 320 and Fatahuddin v. Zarshad and another 1973 SCMR 248 ref. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss.16, 10 & 11---West Pakistan Rehabilitation and Settlement Scheme, 1956, paras. 46 & 46-A---Disputes concerning land settled permanently in favour of allottee---Civil Court would have jurisdiction in accordance with ordinary law---Effect of permanent settlement of land in favour of allottee was that such land would absolutely vest in such allottee and thus, would go out of the purview of the Act (XLVII of 1958) and the Rehabilitation and Settlement Scheme; except to the extent provided in Ss.10 & 11 of the said Act. (d) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Paras. 46 & 46-A---Jurisdiction of Civil Court---Bar of---Mutation sanctioned by Rehabilitation or Revenue Authorities under paras. 46 & 46-A, Rehabilitation and Settlement Scheme being simply a measure for resettlement of refugees would not pertain…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492