Case Details

Citation(s)
2005 SLG 1410 2005 SLD 1410 2005 SCMR 1521
Supreme Court of Pakistan
Civil Petitions Nos.1151, 1152, 1228, 1229 and 1485-L of 2002, decision dated: 3rd April, 2003
MUNIR A. SHEIKH AND FAQIR MUHAMMAD KHOKHAR, JJ

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TUFAIL MUHAMMAD through L.Rs. and others

VS

. Messrs SIDDIQUE TEXTILE MILLS LTD. and others

Law:

Section:

Constitution of Pakistan (1973)---------Art. 185(3)---Evacuee land---Allotment to temporary allottees---Leasing of disputed land to textile mill---Leave to appeal was granted by Supreme Court to consider; as to what was the scope of legal position of of remand of Supreme Court passed in an earlier Constitutional petition; and whether textile mill was entitled to transfer of land after it had been held to be in breach of the conditions of lease. S.M. Naseem, Advocate Supreme Court for Petitioners (in C.P. No.1151-L of 2002). Nemo for Respondents (in C.P. No.1151-L of 2002). Mian Saeed-ur-Rehman, Advocate Supreme Court for Petitioner (in C.P. No.1152-L of 2002). Nemo for Respondents (in C.P. No.1152,L of 2002). Mirza Masood-ur-Rehman, Advocate Supreme Court for Petitioner (in C.P. No.1228-L of 2002). Nemo for Respondents (in C.P. No.1228-L of 2002). Mirza Masood-ur-Rehman, Advocate Supreme Court for Petitioners (in C.P. No.1229-L of 2002). Nemo for Respondents (in C.P. No.1229-L of 2002). Miss Yasmin Sehgal, Assistant Advocate-General for Petitioners (in C.P. No.1485-L of 2002). Nemo for Respondents (in C.P. No. 1485-L of 2002). Date of hearing; 3rd April, 2003. ORDER MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide all the titled petitions for leave to appeal involving identical questions of law and facts which have been directed against a consolidated judgment, dated 11-2-2002 of the Lahore High Court through which five writ petitions were decided. 2. The petitioners in Civil Petition No.1151-L of 2002 were allotted evacuee land in dispute measuring 90 Kanals temporarily under the settlement laws. The matter for confirmation of the said allotment in their names was pending when on 3-1-1958, a notification was issued by the Federal Government for transfer of the said land to the Provincial Government to be utilized as State land. 3. W.P. No.1743 of 1966 was filed by the said petitioners before the High Court that they being temporary allottees of the said land were entitled to confirmation of the said allotment under the settlement laws, as such, the notification allowing transfer of the said land to the Provincial Government dated 3-1-1958…
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