| Citation(s) |
|---|
| 2003 SLG 2452 2003 SLD 2452 2003 CLC 166 |
Lahore High Court
Writ Petition No. 19140 of 2001, heard on 11-06-2002.
CH. IJAZ AHMAD, J
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Writ Petition No. 19140 of 2001, heard on 11-06-2002.
CH. IJAZ AHMAD, J
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LAL DIN
VS
MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Findings of fact, substituting of---Scope---Board of Revenue had passed the order after proper appreciation of evidence on record---High Court had no jurisdiction to, substitute its own findings in place of findings of the Tribunal below. M. Musaadaq's case PLD 1973 Lah. 600 ref. (b) Land Reforms Regulation, 1972 [M.L.R.115]--- ----Para. 7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Substantial justice---Transaction violative of the provisions of M. L. R. 115---Scope---Petitioner assailed the transaction made by the predecessor-in-interest of respondents being violative of M.L.R. 115--Deputy Commissioner allowed application filed by the petitioner and revision against the order was dismissed by the, Additional Commissioner---Board of Revenue accepted the revision filed by the respondents and set aside the orders passed by the forums below--Validity---Neither a Civil Court nor Revenue Officer had jurisdiction to declare a transaction to be, violative of provisions of M.L.R. 115--Substantial justice having been done by the order passed by the Board, High Court declined to exercise discretion in favour of the petitioner--Petition was dismissed in circumstances. Muhammad Yaqoob and another v. Shah Nawaz and 2 others 2002 CLC 84; Mst. Aisha Bibi v. Nazir Ahmad and 10 others 1994 SCMR 1935; Mst. Hajiani and others v. West Pakistan Land Commissioner and others PLD 1966 SC 114 and Nawab Syed Raunaq Ali's case PLD 1973 SC 236 ref. Ch. Amir Hussain for Petitioner. Mian Javed Iqbal Arain for Respondents. Date of hearing: 11th June, 2002. JUDGMENT The brief facts out of which the present writ petition arises are that predecessor-in-interest of the respondents Nos.2-A to 2-1, purchased land measuring 43 Kanals, 16 Marlas from respondent No.3. The land in question is situated in village Kalu Bajwa, Tehsil Pasrur, District Sialkot. The predecessor-in-interest of the respondents Nos.2-A to 2-I, purchased the said land vide registered sale-deed dated 20-7-1974, mutation was also sanctioned by the Revenue Officer on the basis of the aforesaid registered…
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