1998 PLP 13, (SCMR)
BASSI‑‑‑Petitioner Versus QASIM ALI and others‑‑‑Respondents
| Citation | 1998 PLP 13, (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Zia Mahmood Mirta and Raja Afrasiab Khan, JJ |
| Parties | BASSI‑‑‑Petitioner Versus QASIM ALI and others‑‑‑Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 13, (SCMR)?
This judgment primarily cites: Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 13, (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Zia Mahmood Mirta and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 13, (SCMR) (BASSI‑‑‑Petitioner Versus QASIM ALI and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Zainul Abidin, Advocate Supreme Court for Petitioner.
- Date of hearing: 16th February, 1997.
- Sardar Shaukat Ali, Advocate Supreme Court with Syed Abut Asim Jafri, Advocate-on-Record for the Caveator/Respondent No.1
Headnotes / Summary
(On appeal from the judgments dated 31‑10‑1995 in I.C.A. No.27/80 dated 15‑1‑1980 in W.P. No.1140/77 passed by the Lahore High Court, Lahore). ‑‑‑‑Ss.10 & 11‑‑‑Law Reforms Ordinance (XII of 1972), S. 3‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Cancellation of allotment‑‑‑Purchasers from original allottee challenged cancellation order before Single Bench of High Court whereupon order of cancellation was set aside‑‑‑Petitioners challenged order of Single Bench before Division Bench in terms of S.3, Law Reforms Ordinance, 1972 but their appeal was dismissed as being incompetent ‑‑‑Validity‑‑ Contention raised on behalf of petitioner was that order passed in proceedings under Ss. 10 & 11, Displaced Persons (Land Settlement) Act, 1958 was "original order" within meaning of S. 3(2), Law Reforms Ordinance, 1972 and as such it was not subject to incidence of appeal/revision/review, therefore, Intra‑Court Appeal against judgment/order of Single Bench of High Court passed in Constitutional jurisdiction was competent‑‑‑Contention raised would need consideration‑‑‑Leave to appeal was granted in circumstances. Mst. Karim Bibi and others v. Hussain gakhsh and others PLD 1984 SC 344 ref. Sardar Shaukat Ali, Advocate Supreme Court with Syed Abut Asim Jafri, Advocate‑on‑Record for the Caveator/Respondent No.1
Judgment & Decree
ZIA MAHMOOD MIRZA, J.
Bassi petitioner alongwith Kanwar Waisal respondent No.9 herein moved an application under sections 10 and 11 of Displaced Persons (Land Settlement) Act, 1958 for cancellation of the allotment obtained by Muhammad Siddique respondent No.6 (who has since died and is represented by his legal heirs). Settlement Commissioner, Multan (with the powers of Chief Settlement Commissioner) allowed the Mukhbari application and cancelled the allotment of Muhammad Siddique vide order dated 6-5-1977 with further direction that the land so cancelled be allotted to the petitioner and other informants. Respondent Nos. l to 4, 7 and 8 who claimed to be the purchasers from the aforesaid allottee challenged the order of the Settlement Commissioner, in Writ Petition No. 1140-R of 1977 which was accepted by a learned Single Judge of Lahore High Court vide order dated 15-1-1980. Kanwar Waisal respondent and the petitioner preferred an appeal (I.-C.A. No.27 of 1980) against the order of the learned Single Judge which has been dismissed as incompetent by a learned Division Bench of Lahore High Court vide order dated 31-10-1995. The learned Judges have held that since the dispute before the learned Single Judge had arisen out of the proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, "this Intra-Court Appeal on the face of it is not maintainable". Reliance for this view was placed on Mst. Karim Bibi and others v. Hussain Bakhsh and others (PLD 1984 SC 344).
2. Petitioner seeks leave to appeal against the order dismissing the Intra Court Appeal as incompetent.
3. We have heard the learned counsel for the petitioner as also the learned counsel appearing for the respondents/caveators. It was contended by the learned counsel for the petitioner that the order passed in the proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 was ".original order" within the meaning of section 3(2) to the Law Reforms A Ordinance, 1972 as amended and it was not subject to the incidence of appeal revision/review and as such Intra-Court Appeal against the judgment/order of the learned Single Judge of the High Court passed in Constitutional jurisdiction was competent. According to the learned counsel, the case of Mst. Karim Bibi (supra) relied upon by the learned Judges of the High Court is distinguishable. The contention raised needs consideration. We, therefore, grant leave to appeal in this case to examine the aforenoted contention. A.A./B-3/S Leave granted.