Case Details

Citation(s)
1997 SLG 762 1997 SLD 762 1997 SCMR 1194
Supreme Court of Pakistan
Civil Petition No. 966/1, of 1994, decision dated: 31st October, 1995
SAIDUZZAMAN SIDDIQUI AND MANZOOR HUSSAIN SIAL, JJ

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NOOR MUHAMMAD

VS

MUHAMMAD GULZAR and others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--S. 10---Constitution of Pakistan (1973), Art. 185(3)---Allotment of land to respondent under Five Years' Lease Scheme---Extension of lease in favour of respondent---Petitioner desirous to get such lease filed appeal which was dismissed---Revision against such order was accepted by Board of Revenue--­Respondent, however, filed review application which was accepted by Board of Revenue---Petitioner's Constitutional petition was dismissed by High Court--­Validity---Leave to appeal was granted to consider that respondent being minor on the date of allotment of land in question, was not competent to obtain the same on lease; that order refusing to confer proprietary rights on respondent having attained finality, respondent could not lay valid claim for allotment thereof; and whether Board of Revenue reviewed its own order in excess of jurisdiction not vested in it and that such aspect of the case was not appreciated in its correct perspective by the High Court. M. Anwar Bhaur, Advocate Supreme Court instructed by S. Abul Aasim Jaffri, Advocate-on-Record (absent) for Petitioner. Sh. Masud Akhtar, Advocate-on-Record for Respondent No. 1. Date of hearing: 31st October, 1995. ORDER MANZOOR HUSSAIN SIAL, J.--Leave to appeal is sought by the petitioner against the order dated 26-6-1994 of the Lahore High Court (Multan Bench), whereby Writ Petition No. 1518 of 1994 filed by him was dismissed. 2. The dispute in this case relates to agricultural land, measuring 76 Kanals, 15 Marlas situated in Chak No.105/10-R, Tehsil and District Khanewal. In the year 1979 this parcel of land was initially leased out to Muhammad Gulzar respondent under five years lease scheme. He applied for the grant of proprietary rights in respect thereto, but his request was declined. He preferred appeal against the rejection of his claim for obtaining proprietary rights before the Commissioner, Multan, but the same too was dismissed vide 15-3-1981. It appears that he did not further challenge the order refusing to grant him the proprietary rights in the land and that order attained finality. It further appears that in the meantime Noor Muhammad…
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