| Citation(s) |
|---|
| 2008 SLG 1683 2008 SLD 1683 2008 SCMR 749 |
Supreme Court of Pakistan
Civil Petition No.996-L of 2004, decision dated: 23rd June, 2005.(On appeal from the judgment, dated 12-12-2003 passed by Lahore High Court, Lahore in Civil Revision No.1485 of 1998)
FALAK SHER, MIAN SHAKIRULLAH, JAN AND TASSADUQ HUSSAIN, JILLANI, JJ
Raja Abdul Rehman, A.A.G. along with Ch. A.H. Masood, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
Civil Petition No.996-L of 2004, decision dated: 23rd June, 2005.(On appeal from the judgment, dated 12-12-2003 passed by Lahore High Court, Lahore in Civil Revision No.1485 of 1998)
FALAK SHER, MIAN SHAKIRULLAH, JAN AND TASSADUQ HUSSAIN, JILLANI, JJ
Raja Abdul Rehman, A.A.G. along with Ch. A.H. Masood, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
PROVINCE OF THE PUNJAB, through District Officer, Toba Tek Singh and others
VS
NAZIR AHMED and 9 others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)---Ss. 16 & 30(2)---Specific Relief Act (I of 1877), Ss.42 & 54---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration and permanent injunction---Allotment of land---Cancellation of allotment---Claim in the suit was that plaintiff was transferee of suit land from its original allottee, but Board of Revenue cancelled allotment of original allottee without notice to the plaintiff who was subsequent vendee---Suit filed by plaintiff was concurrently decreed by Courts below including the High Court---Validity---In absence of any misreading or non-reading of evidence of Courts below and High Court could not be interfered with, especially when all points raised before High Court found properly attended to and reasonably met. JUDGMENT MIAN SHAKIRULLAH JAN, J.---This petition is directed against the judgment and decree of the Lahore High Court, Lahore, whereby Civil Revision filed by the petitioners against the judgment and decree of the two Courts below was dismissed. 2. The background of the case is that respondent No.1 Nazir Ahmed filed a suit for declaration with consequential relief of permanent injunction claiming ownership of the land being a transferee from the original allottee to whom the land was allotted vide Mutation No.836, dated 6-11-1990, challenging order, dated 30-8-1994 passed by the Board of Revenue petitioner No.2 whereby allotment of the original allottee was cancelled to be declared against law void and illegal and ineffective on his rights. According to the plaint, one Talib Hussain Shah predecessor-in-interest of respondents Nos.2 to 4 was allotted a piece of land in Toba Tek Singh, District under Grow More Scheme in the year 1956 which was made by him cultivable. This land was resumed however, under another scheme to accommodate such-like affectees, the allottee was allotted some other land. The allottee after fulfilling the requisite formalities i.e. the payment of price etc. registered sale-deed No.859 was executed and registered in favour of the successors of the allottee on 9-9-1990 as the original allottee died in the meanwhile and the Mutation No.833 was…
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