Case Details

Citation(s)
1997 SLG 846 1997 SLD 846 1997 SCMR 1462
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.1024, 1160 and 1197-L of 1995, decision dated: 9-01-1996
SAAD SAOOD, JAN AND MUHAMMAD ILYAS, JJ

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NNJUMAN DATA GANJ BAKHSH ALI HAJVERI and DARBAR BABA QASIM SAIN (Regd.), FAISALABAD through President and others

VS

ZILEDAR KHAN and others

Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S. 2(2)---Constitution of Pakistan (1973), Art. 185(3)---Transfer of land in question---Earlier remand order of High Court to Notified Officer for fresh decision of case---Notified Officer's post-remand decision was set aside by High Court in subsequent proceedings---Validity---Petitioner's contention was that in view of open order of remand by High Court in earlier Constitutional petition, Notified Officer was competent to examine legality or genuineness of order allegedly passed by Settlement Commissioner; whether said order was forged one or genuine raised purely question of fact; that finding of Notified Officer could not be ordinarily interfered with by High Court unless same was based on misreading of evidence or said officer had failed to take notice of material evidence; and that High Court was not competent to interfere with finding of Notified Officer---Leave to appeal was granted to examine questions raised. Muhammad Zainul Abidin, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner (in C.P. No. 1024-L of 1995). Mushtaq Masood, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioner (in C.P. No. 1160-L of 1995). M. Nawaz Kasuri, Advocate Supreme Court and Abul Aasim Jaffari, Advocate-on-Record for Petitioners (in C.P. No. 1197-L of 1995). A.R. Shaukat, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Respondents (in all above C.Ps.). Date of hearing: 9th January, 1996. ORDER SAAD SAOOD JAN, J.---Ziledar and eleven others, hereinafter referred to as the contesting respondents, filed a Constitution petition in the High Court alleging that the land in dispute had been permanently transferred in their favour against their claims by an order dated 24-2-1956 passed by the Deputy Rehabilitation/Settlement Commissioner and that by an order dated 26-7-1987 the Additional Revenue Commissioner had refused to implement the same. A learned Single Judge in the High Court allowed the petition and remanded the matter to the notified officer, for a fresh decision, permitting the parties to raise as many…
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