| Citation(s) |
|---|
| 1990 SLG 1175 1990 SLD 1175 1990 SCMR 1592 |
Supreme Court of Pakistan
Civil Appeal No.411 of VW, decision dated: 27-05-1990.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Appellants. Rao Muhammad Yousaf Khan, Advocate-on-Record for
Respondent Maqbul Sadiq, Advocate Supreme Court and S. Inayat Hussain, Advocate
Civil Appeal No.411 of VW, decision dated: 27-05-1990.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Appellants. Rao Muhammad Yousaf Khan, Advocate-on-Record for
Respondent Maqbul Sadiq, Advocate Supreme Court and S. Inayat Hussain, Advocate
MUHAMMAD LATIF KHAN and 4 others
VS
ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) and 5 others
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Constitution of Pakistan (1973), Art.185(3); --Leave to appeal was granted to examine questions of law; whether petitioners were not as claimed by them successors-in-interest of Attorney of Informer, but of the Informer himself, and therefore, they had a vested right to continue proceedings; and that in view of statutory provisions made in SOO & 11, Displaced Persons (Land Settlement) Act, 1958, for resumption of excess allotment, there was no scope left for Court to examine discretion as to where resumption would take place and where it would not take place even after such excess allotment had been established according to law. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ----Ss. 10 & 11--Constitution of Pakistan (1973), Art.185(3)---Grounds given in of High Court under appeal, for dismissing appellant's claim were not prima facie tenable---Reasons stated. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art.185---Allotment of land against verified claim---Correction slip issued subsequently in 1956---Effect of--Appellants plea, that land allotted in particular area in favour of respondents predecessor-in-interest stood excluded by the correction slip issued by authority---Such plea having not been taken before Departmental Authorities, could not be allowed to be agitated in constitutional jurisdiction for the first time---Benefits of 1956 circular having been allowed to allottee by Departmental Authorities, there was no question of excess allotment to respondents. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art.185---Notwithstanding incorrectness of grounds, made basis for the of High Court, dismissal of Constitutional petition filed by appellants was justified on account of finding of fact raised by appellants with regard to benefit of correction slip of 1956---Appeal dismissed in circumstances. JUDGMENT SHAFIUR RAHMAN, J: --Leave to appeal was granted to examine the following two questions of law:-- "(i) The…
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