| Citation(s) |
|---|
| 1991 SLG 950 1991 SLD 950 1991 SCMR 423 |
Supreme Court of Pakistan
Civil Petition No.512 of 1988, hearing DATE : 4-04-1990. decided on 24-04-1990(Against the judgment dated 6-4-1988 of the Lahore High Court, Lahore in Writ Petition No.331/R of 1976)
NASIM HASAN SHAH, S. USMAN ALI SHAH AND NAIMUDDIN, JJ
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Civil Petition No.512 of 1988, hearing DATE : 4-04-1990. decided on 24-04-1990(Against the judgment dated 6-4-1988 of the Lahore High Court, Lahore in Writ Petition No.331/R of 1976)
NASIM HASAN SHAH, S. USMAN ALI SHAH AND NAIMUDDIN, JJ
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Sh. FAZALUR-REHMAN and others
CHIEF SETTLEMENT and REHABILITATION COMMISSIONER, PUNJAB and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Arts.185(3) & 199---Petitioner's claim for entitlement to land in question was based on deed of agreement to sell executed by allottees in their favour---Government subsequently sold the land in favour of contesting respondent---petitioner's Constitutional petition against sale of land in favour of respondent was dismissed---Prospective vendee or a person likely to be affected has a locus standi to institute and maintain a Constitutional petition---Allotment made in favour of vendors of petitioners, however, was not legal and proper as held by High Court, a finding with which Supreme Court agreed---Petitioners had thus no case even on merits---Petition being devoid of merit was dismissed in circumstances.---[Locus standi). Joydeb Agarwala v. Baitulmal Karkhana Limited P L D 1965 SC 37; Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 SC 223 and Ali Muhammad v. Shera and another 1987 S C M R 207 ref. ORDER NASIM HASAN SHAH, J.--- The facts which form the background are that the agricultural land bearing Khasra Nos. 1423 to 1426, 1428, 1429 and 1495 measuring 221 kanals 8 marlas situate in Mauza Bhekewal, Tehsil and District Lahore was confirmed to Shujaat Ali, respondent No.4, on 22-9-1971 at Khata No. 893 by the order of the Additional Settlement Commissioner (Land), Lahore, Similarly Mirza Badar-ud-Din respondent No.5, was also confirmed agricultural land bearing Khasra Nos. 1427, 1415, 1422, 1482, 1491, 1492 and 1428 measuring 99 kanals 6 marlas at Khata No.899 in village Bhekewal, Tehsil and District Lahore, by the order of the Additional Settlement Commissioner (Land), Lahore dated 16-2-1972. . The case of the petitioners is that on 29-9-1973 Shujaat Ali, respondents No.4, the confirmed allottee of area measuring 221 Kanals 18 marlas entered into an agreement to sell the entire land to the petitioners for a consideration of Rs.5,54,750 out of which a sum of Rs.5,04,750 was received by the allottee. Similarly, Mirza Badar-ud-Din, respondent No.5, also executed an agreement to sell on 18-9-1973 his entire area for a…
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