Case Details

Citation(s)
2003 SLG 757 2003 SLD 757 2003 SCMR 1928
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.455-L of 2002, decision dated: 3rd February 2003. (On appeal from the judgment dated 7-12-2001 of the Lahore High Court, Lahore, passed in Civil Revision No.538 of 1991)
JAVED IQBAL, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
M. D. Tahir, Advocate Supreme Court for Petitioner. Mian Abdul Quddus, Advocate Supreme Court for
Respondents

MUHAMMAD ZAMAN

VS

BARKAT ALI and others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss.10 & 11Allotment of land on permanent basis and its subsequent allotment on temporary basisValidityWithout canceling earlier allotment on permanent basis, same land could not be allotted to another person on temporary basisWhen allotment made prior in time on permanent basis was holding field, then subsequent allottee could not lay claim to same land on basis of his temporary allotment. ORDER TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 7122001 of the learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.538 of 1991 filed by the -Petitioner was dismissed. 2. The present dispute relates to the land measuring 6 Kanals, 16 Marlas falling in Khasra No.1218 of Mauza Kunjah, District Gujrat. It was allotted to the predecessorininterest of the -Respondents Abdullah by the Settlement Authorities on permanent basis in 1967. However, the said land was allotted subsequently on, 1631969 on temporary basis to the predecessorininterest of the -Petitioner Mst. Gulshan Bibi inadvertently without realizing that the same had already been allotted on permanent basis to the predecessorininterest of the -Respondents. The -Petitioner on the basis of the same filed a declaratory suit with consequential relief on 2211979 laying claim to the disputed land. He also pressed into service the name of his predecessorininterest Mst. Gulshan Bibi in Jamabandi of 197475 in "Cultivation" Column. This suit was resisted by the -Respondents. Out of pleadings of the parties, issues were framed, the parties led their evidence and the learned Senior Civil Judge, Gujrat, through his judgment` dated 1061987 dismissed the suit. An appeal was filed assailing the above judgment, which too was dismissed by the learned Additional District Judge, Gujrat, through his…
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