Case Details

Citation(s)
1990 SLG 746 1990 SLD 746 1990 SCMR 668
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1023 of 1985, decision dated: 14-06-1989.
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ
Syed Sardar Shah Bokhari, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Ch. M. Hussain Jehanian Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for
Respondents Nos. 2 and 3.

GHULAM HUSSAIN and anothers

VS

PROVINCE OF PUNJAB and 2 others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-----S.10---Constitution of Pakistan (1973), Art.185(3)---Target date of allotment significant for adjudication of the matter---Determination of such date---Two dates were found on the allotment order, on one of the dates orders seemed to have been passed; one purported to be the date of tender and the other purported to be date of proceedings---If former date was treated as the date of allotment also petitioners seemed to have a good case for further examination; but, if latter date was treated as date of allotment they would have, prima facie, no case---Leave to appeal granted to resolve controversy regarding question of allotment; whether made or not within target date in favour of the petitioners. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought; against the dismissal by the High Court, of petitioners Civil Revision. It had arisen out of petitioners/plaintiffs suit for declaration and permanent injunction relating to the allotment of State land on lease with possible consequences of grant of proprietary rights. The trial Court, it seems, mainly non-suited the petitioners on the point of jurisdiction and other legal questions but the: High Court after having examined the merits came to the conclusion that the allotment orders relied upon by the petitioners were beyond the target date involved in the case. Learned counsel has shown us the photo copies of the disputed orders. Firstly, although very short and not in any proper f6rm; they do, prima facie, convey at least an intention to make allotment. Secondly, there are two dates found on the allotment forms. On one of the date the orders seem to have been passed--one purports to be the date of tender and the other purports to be the date of proceedings. If the…
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