1989SCMR850 (PLP)
PAKISTAN through Chairman, Railway Board — Petitioner Versus KHUDA BAKHSH and 7 others — Respondents
| Citation | 1989SCMR850 (PLP) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Usman Ali Shah, JJ |
| Parties | PAKISTAN through Chairman, Railway Board — Petitioner Versus KHUDA BAKHSH and 7 others — Respondents |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912) |
Q1: What are the key laws and sections cited in 1989SCMR850 (PLP)?
This judgment primarily cites: Colonization of Government Lands (Punjab) Act (V of 1912) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR850 (PLP)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR850 (PLP) (PAKISTAN through Chairman, Railway Board — Petitioner Versus KHUDA BAKHSH and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chattha, Advocate Supreme Court/Advocate-on Record for Petitioner.
- Talib Hussain Awan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondents
- Date of hearing: 29th January, 1989.
- Muhammad Aslam Chattha, Advocate Supreme Court/Advocate‑on Record for Petitioner.
- Talib Hussain Awan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record (absent) for Respondents
Headnotes / Summary
(From the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 13-6-1987 passed in Civil Revision No.156-D of 1986/BWP).
S.10--Constitution of Pakistan (1973), Art. 185(3)--Respondents purchased land from Collector, mutation whereof had been attested--Federal Government claiming land as its own--Dispute turned out basically to be a dispute of title between Federal Government and Provincial Government--Transfer of Property Act, being in force in the area where transaction took place, conveyance deed by which property was sold should have been looked into rather than mutation register and entries thereof--Courts below having not attended to such aspect of case it appeared to be necessary to examine the same for which leave to appeal was granted.
Judgment & Decree
SHAFIUR RAHMAN, J.‑‑The respondents as plaintiffs sought a declaration that they were owners of the disputed land measuring 5 kanals 6 marlas in Chak No.124/6‑R, Tehsil Haroonabad, District Bahawalnagar. Their claim was on the fact that they have purchased the land in auction from the Collector of the District. A mutation to that effect had been attested. The Federal Government in the Railways Department claimed the land as theirs. 1t was, therefore, basically a dispute over title between the Federal Government and the Provincial Government. Besides, in the former Bahawalpur State, Transfer of Property Act was in force and, therefore, the conveyance deed by which the property was sold to the respondents should have been looked into rather than the mutation register and the entries thereof. All the three Courts have not attended to this aspect of the case and it appears that it is necessary to examine this aspect for which leave to appeal is granted. Security shall be Rs.2,
500. A.A./P‑77/S Leave to appeal granted.