Case Details

Citation(s)
1998 SLG 833 1998 SLD 833 1998 SCMR 2068
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.136 of 1997, decision dated: 31st March 1998 (On appeal from the judgment dated 15-10-1996, passed by Lahore High Court, Rawalpindi Bench in Civil Revision No.426-D of 1996)
IRHSAD HASAN KHAN AND SH. EJAZ NISAR, JJ
Altaf Elahi Sheikh, Additional Advocate-General, Punjab for Petitioners. Nemo for
Respondents

PROVINCE OF PUNJAB through Collector, Rawalpindi and anothers

VS

MUHAMMAD HUSSAIN and 7 others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Displaced Persons (Land Settlement) Rules, 1959, R. 10--­Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit relating to land in question was decreed by all the Courts including the High Court ---Validity--­Concurrent findings recorded by Courts below were based on proper appraisal of evidence---Defendant had not been able to point out any misreading or non-­reading of evidence on record--Allotment in favour of plaintiffs was admittedly made before target date---Defendant claiming land in question, having been initially allotted the same, had not paid Settlement Fee prescribed under R.10, Displaced Persons (Land Settlement) Rules, 1959---Courts on such basis found that land was not permanently settled on defendant and had formed part of compensation pool, therefore, there was nothing wrong with cancellation of allotment under S. 11, Displaced Persons (Land Settlement) Act, 1958---Impugned findings of Courts did not suffer from any illegality warranting interference---Leave to appeal was refused in circumstances. Muhammad Yaqub and others v. Punjab Province and others Civil Appeal No.269 of 1983 ref. JUDGMENT IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment, dated 15-10-1996, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Civil Revision No.426-D of 1996. 2. The brief facts are that the respondents/plaintiffs filed a suit on 13-5-1986 for.a declaration to the effect that they were owners in possession of the suit land measuring 43 Kanals and 6 Marlas. bearing Khasra No. 192, situated in the revenue estate of village Baghsawa, Tehsil Gujjar Khan, District Rawalpindi. The suit was contested by the petitioner/defendants. 3. In view of the pleadings of the parties, issues. struck thereon and evidence led by them and after hearing the patties, the trial court vide judgment dated 24-4-1989 decreed the suit. The appeal preferred by the petitioners was dismissed vide judgment and decree dated 11-12-1995 passed by the learned Additional District Judge, Rawalpindi. The revision petition filed by them was also dismissed in limine vide impugned…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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