Case Details

Citation(s)
2005 SLG 1111 2005 SLD 1111 2005 CLC 56
Board of Revenue, Sindh
Appeal No.SROA-41-2002 of 2003, decision dated: 31st March, 2003.
MUHAMMAD QASIM LASHARI, MEMBER (JUDICIAL)

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUHAMMAD ILYAS and 3 others

VS

MUZAFFAR HUSSAIN Shah and 4 others

Law:

Section:

(a) Sindh Gothabad (Housing Scheme) Act (VII of 1987)-------Ss. 6 & 9---West Pakistan Land Revenue Act (XVII of 1967), Ss. 161, 164 & 179---Allotment of land---Cancellation of `Sanads'/allotment--­Appeal---Limitation-- Land in dispute was allotted to appellants by Assistant Commissioner/Controller under Sindh Gothabad (Housing Scheme) Act, 1987 by granting `Sanad'/allotment orders---Respondent, had filed application before Deputy Commissioner/Collector for cancellation of allotment/Sanad in favour of appellants wherein he had claimed that land in dispute was his `Qabuli' (Privately owned) land duly entered in Record-of-Rights and that it had been wrongly allotted to appellants under Sindh Gothabad (Housing Scheme) Act, 1987---Deputy Commissioner/Collector got matter inquired through his subordinate Revenue Officers and after inquiry, Deputy Commissioner/Collector dismissed application of respondent as he could not prove his alleged entitlement in respect of land in dispute---Respondent being aggrieved by order of Deputy Commissioner/Collector filed appeal before Commissioner, and Commissioner treated said appeal as an application for revision under 5.164 of West Pakistan Land Revenue Act, 1967--­"Validity---Deputy Commissioner/Collector had passed order under provisions of Sindh Gothabad (Housing Scheme) Act, 1987 which had its own provision of appeal in its section 9, Ss.161 & 164 of West Pakistan Land Revenue Act, 1967 thus, were not applicable in the matter--­Commissioner after hearing both parties rejected their claim in respect of the property---Being dissatisfied with order of Commissioner, appellants who initially were allotted the land under Sindh Gothabad (Housing Scheme) Act, 1987 filed belated appeal before the Board of Revenue but they could not explain satisfactorily said inordinate delay in filing appeal---Appeal, apart from being hopelessly time-barred, was otherwise incompetent and without jurisdiction, and thus, was dismissed. 1980 SCMR 875 ref. (b) Limitation Act (IX of 1908)--- ----S. 5---Delay---Condonation of---In the matter of condonation of delay in availing legal remedies, each day's delay had to be explained satisfactorily.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492