| Citation(s) |
|---|
| 1999 SLG 705 1999 SLD 705 1999 SCMR 914 |
Supreme Court of Pakistan
Civil Appeal No, 1332 of 1996, decision dated: 15-10-1998
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Civil Appeal No, 1332 of 1996, decision dated: 15-10-1998
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Law:
Section:
(On appeal from the , dated 10-12-1995 passed by the Lahore High Court, Lahore in Writ Petition No 543-R of 1996). Displaced Persons (Compensation kind Rehabilitation) Act (XXVIII of 1958)--S.10---Settlement Scheme No,l, paras. 38 & 39- -Constitution of Pakistan (1973), Art. 185 & 199--- Permanent Transfer Deed ---Correction---On pointation of mistaken entries in Permanent Transfer Deed in respect of portion in disputed property, other transferees of respective portions of property applied for demarcation of their portions---Settlement Authorities corrected entries in Permanent Transfer Deed and other relevant record----Orders passed by Settlement Authorities were interfered with by High Court in its Constitutional jurisdiction holding that Settlement Authorities could not make any adjustment in record after issuance of Permanent Transfer Deed---Validity---Settlement Authorities had corrected entries holding that a clerical mistake had been committed in Permanent Transfer Deed earlier issued in favour of respondents-- Settlement Authorities in correcting mistakes in Permanent Transfer Deed had proceeded on solid grounds---Orders of Settlement Authorities having not been shown to be suffering from any jurisdictional error, same should have been maintained by High Court---Maintaining "settlement record" by removing any number of inaccuracies therein having crept in for no fault of litigants, could be upheld---If respondents had tricked Settlement Department into obtaining excess portion including part of portion of other transferees, same would have been a fit subject for being excised by all concerned, ex debito justitiae---Order of High Court was set aside' by Supreme Court in circumstances. PLD 1971 SC 669; 1973 SCMR 624; 1974'SCMR 8; PLD 1983 SC 337; 1983 SCMR 90 and Muhammad Din and others v, Ghulam Muhammad Naseem Sindhu and others PI-D 1991 SC 1 ref. Sh. Abdul Mannan, Advocate Supreme Court with Ch Akhtar Ali, Advocate-on-Record for Appellants. Sh. Maqbool Ahmed, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondent No. 1. Respondent No 2: Ex parte. Ch Qamar-ud-Din Meo, Advocate-on .Record (absent) for…
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