| Citation(s) |
|---|
| 1991 SLG 817 1991 SLD 817 1991 SCMR 196 |
Supreme Court of Pakistan
Civil Appeal No.195 of 1980, decision dated: 27-03-1990(On appeal from the judgment, dated 19-5-1979 of the Lahore High Court, Lahore, passed in Writ Petition No.416-R of 1979)
AJRNAL MIAN AND RUSTAM S. SIDHWA, JJ
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Civil Appeal No.195 of 1980, decision dated: 27-03-1990(On appeal from the judgment, dated 19-5-1979 of the Lahore High Court, Lahore, passed in Writ Petition No.416-R of 1979)
AJRNAL MIAN AND RUSTAM S. SIDHWA, JJ
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Sahibzada JAMAL AHMAD KHAN
Mst. HAJIRAN BIBI and 7 others
Law:
Section:
(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)---S.2(2)-----Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider, whether High Court was justified in dismissing appellant's petition inter alia on ground that contesting respondent would have no alternate land if appellant's petition was to be allowed. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S.2(2)---Constitution of Pakistan (1973), Art.185---Entitlement to land---High Court's remand order passed in earlier Constitutional petition had not been complied with---High Court in subsequent Constitutional petition was influenced by the fact that if land in question was to be cancelled from the name of contesting respondent, she would not have any other land--Settlement Commissioner was duty bound to comply with the direction of High Court given in earlier Constitutional petition---Subsequent order passed by Settlement Authority in favour of contesting respondent, in a proceeding to which appellant was not a party, could not have been a ground for not complying with direction of High Court---Supreme Court set aside of High Court and subsequent order in favour of respondent passed by Settlement Authority--Case was remanded to Notified Officer to proceed in terms of remand order passed by High Court in earlier Constitutional petition. JUDGMENT AJMAL MIAN, J.--Leave to appeal was granted by this Court against the judgment, dated 19-5-1979 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.416-R of 1979 to consider, whether the High Court was justified in dismissing the appellant's petition inter alia on the ground that respondent No.1 would have no alternate land if the appellant's petition was to be allowed. 2. The facts to be noted are that land measuring 283 kanals 19 marlas situate in village Siri Rampura was allotted in the name of Mst. Gbulam Fatima against her Claim Form No.4894 whereas 218 kanals 5 marlas of land situate it the same village was allotted to Mst. Niaz Fatima against her Claim Form No.4898/5002 on 25-7-1967. The aforesaid two allottees sold the aforesaid land to respondent No.8 as…
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