| Citation(s) |
|---|
| 1991 SLG 596 1991 SLD 596 = 1991 PLD 1029 |
Supreme Court of Pakistan
Civil Appeals Nos. 5, 6 of 1987 and 101 of 1989, decisiondated: 15-05-1991.
MUHAMMAD AFZAL ZULLAH, C.J. SAAD SAOOD, JAN AND MUHAMMAD RAFIQ TARAR, JJ
Aitzaz Ahsan, Advocate Supreme Court (Absent) and Mahmood A. Qureshi, Advocate-on-Record for Appellants (in CA. No. 5 of 1987).A.R. Shaukat, Senior Advocate Supreme Court and Karam Ellahi Bhatti, Advocate-on-Record (absent) 2 to 9 (in CA. No. 5 of 1987)
Civil Appeals Nos. 5, 6 of 1987 and 101 of 1989, decisiondated: 15-05-1991.
MUHAMMAD AFZAL ZULLAH, C.J. SAAD SAOOD, JAN AND MUHAMMAD RAFIQ TARAR, JJ
Aitzaz Ahsan, Advocate Supreme Court (Absent) and Mahmood A. Qureshi, Advocate-on-Record for Appellants (in CA. No. 5 of 1987).A.R. Shaukat, Senior Advocate Supreme Court and Karam Ellahi Bhatti, Advocate-on-Record (absent) 2 to 9 (in CA. No. 5 of 1987)
ABDUL QADIR and others vsTHE SETTLEMENT COMMISSIONER and others
Law:
Section:
Maxim----- Audi alteram partem"---Right of opportunity of hearing is not merely a technical right, it is linked with the tangible, factual and legal aspects of the case and it would depend upon the facts and circumstances thereof as to whether the observance of the technical rule of audi alterain partem by a lower forum and ritualistic performance in this behalf would serve the ends of justice or it would negate the ends of justice --- If the forum before which such a question is raised is able to examine the merits, there would be nothing wrong in deciding the matter finally and refraining from multiplicity of proceedings, which as an end-product also causes injustice and misery in so far as the delay, expense and anxiety are concerned.JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---These appeals through leave of the Court are directed against the judgments of the High Court in separate cases arising out of land settlement matters. Leave to appeal was jointly granted in Civil Appeals Nos. 5 & 6 of 1987 because they arose out of the same case. The facts and points noted therein are as follows:-- "The relevant facts are that one Nathu son of Ali Sher, who migrated to West Punjab after the disturbances of 1947 and settled down in Gujranwala District, got a claim verified for some agricultural land abandoned by him in District Ambala (East Punjab). However, being a non-allottee in District Gujranwala he got his claim transferred to District Hyderabad in the year 1957, where it was settled. It is alleged that notwithstanding the fact that he had obtained settlement of his claim in Hyderabad in its entirety his heirs managed to obtain another allotment, after his death, in village Hardo Rattali and Jaiokee, Tehsil and District Gujranawla. The land so obtained was subsequently sold to 22 persons. One Muhammad Amjad and the heirs of Nazir Ahmed filed a Mukhbari application under sections 10 & 11 of the Displaced Persons (Land Settlement) Act complaining about this fraudulent allotment. A delegate of the Chief Settlement Commissioner held an inquiry into the matter and being satisfied that the facts in the Mukhbari application were correct proceeded to…