Case Details

Citation(s)
1990 SLG 767 1990 SLD 767 1990 SCMR 711
Supreme Court of Pakistan
Civil Appeal No.660 of 1984, decision dated: 17-12-1989.
MUHAMMAD AFZAL ZILLAH, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ
Maulvi Sirajul Haq, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Appellants. Ch.Akhtar Ali, Advocate-on-Record for
Respondents Nos. 1 and 2.

KHUDA BAKHSH and another

VS

FEDERAL LAND COMMISSION and others

Law:

Section:

(a) Land Reforms Regulation, 1972 [M.L.R. 115]------Para.29---Leave to appeal was granted to consider whether decision of High Court had attained finality vis-a-vis the Federal Land Commission Authorities and the appellants; and whether the Federal Land Commission after having sent for the record for its scrutiny and after having passed the order before the target date had become functus officio, and therefore, could not have. re-decided the matter by re-summoning of the record after the target date. (b) Land Reforms Regulation (Validation of Orders) Ordinance (XXIX of 1978)--- ---S.2---Question of competency of Chairman/Member, Federal Land Commission sitting singly and passing order---Ordinance XXIX of 1978 was in the nature of curative legislation validating the orders passed by the Chairman or a Member of the Federal Land Commission silting singly. Ashiq Muhammad Khan Mazari v. Chairman, Federal Land Commission PLD 1977 Lah. 461 ref. Mst.Aisha Begum and others v. Chairman, Federal Land Commission 1982 S C M R 1074; Mst.Tayyaba Khanam and others v. Chairman, Federal Land Commission and others 1984 S C M R 1110; Ghulam Mustafa and others v. Omaid Ali and 9 others. 19,94 S C M R 1126 and Chairman, Federal Land Commission and another v. Sardar Ashiq Muhammad Khan Mazari 1985 SCMR317re1. (c) Land Reforms Regulation, 1972 [M.L.R. 115]--- ---Para.29(3)(a)---Federal Land Commission is not permitted to call the record of any case or proceeding in which the Commission or other Authority had passed an order after the target date of Vlh November, 1976. (d) Land Reforms Regulation, 1972 [M.L.R. 115]--- ---Recalling of record by Federal Land Commission after setting aside of its order by the High Court ---Factum that the High Court while setting aside order of Federal Land Commission had not remanded the case did not divest the power of Federal Land Commission to proceed with the case from the stage at which it was pending when aforesaid order was passed. (e) Land Reforms Regulation, 1972 [M.L.R. 115]--- ---Para. 7(b)(1)---Federal Land Commission---Competency to examine validiiy of gift---Extent---Federal Land Commission has been debarred from enquiring into the bona…
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