1989 PLP 1318 (SCMR)
FAIZ BAKHSH and others Petitioners Versus MULTAN MUNICIPAL CORPORATION, MULTAN‑‑Respondent
| Citation | 1989 PLP 1318 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | FAIZ BAKHSH and others Petitioners Versus MULTAN MUNICIPAL CORPORATION, MULTAN‑‑Respondent |
| Primary Law | Municipal Administration Ordinance (X of 1960)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1318 (SCMR)?
This judgment primarily cites: Municipal Administration Ordinance (X of 1960)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1318 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1318 (SCMR) (FAIZ BAKHSH and others Petitioners Versus MULTAN MUNICIPAL CORPORATION, MULTAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.M. Saeed Beg, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 25th March, 1989.
Headnotes / Summary
(From the judgment dated 20‑4‑1985 of the Lahore High Court, Multan Bench in Civil Revision No.182 of 1985). ‑‑‑S.93(2)‑‑Graveyard‑‑Shamilat Deh‑‑Jamabandi for the year 1951‑52 showed that the whole Khasra was part of the Shamilat Deh‑‑Existence of houses of the grave‑diggers on a part of the Khasra was not unnatural but there was no evidence on record that they had been permitted to occupy a part of the graveyard to a capacity other than as licensee to perform their function as grave digger‑‑Claim of grave‑diggers that they were owners of the land was not sustainable.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioners are grave‑diggers. They occupied a portion of hasra No.1255 in village Taraf Ismail, Multan. By a notification issued under section 93(2) of the Municipal Corporation Ordinance the Commissioner, Multan Division, declared the said Khasra as a graveyard and vested its maintenance and administration in the Municipal Committee, Multan. On 16‑4‑1978, the petitioners filed a suit for a permanent injunction to restrain the Municipal Corporation, Multan, from ejecting. them from the portions in their possession. The suit was dismissed by the trial Court and the petitioners' appeal before the Additional District Judge and revision petition before the High Court failed. They now seek leave to appeal from this Court.
2. The earliest jamabandi which has been placed on the record relates to the vear 1951‑‑
52. In this jamabandi the area of the Khasra has been recorded as 71 kanals and 14 marlas. Out of this, 69 kanals and 9 marlas has been shown as graveyard and the remaining area as ghair mumkin abadi. The case of the petitioners is that their houses are located in that part of the khasra_which,has been recorded as ghair mumkin abadi.
3. In support of this petition, it is contended that the decision of the High Court as well as the subordinate Courts that the whole of the khasra was a graveyard is against the entries in the Revenue record: that the petitioners have remained in possession of that part of the khasra which is shown as ghair murnkin abadi for more than 80/85 years, have constructed their ,l‑ ous.es thereon and are owners thereof.
4. After hearing the learned counsel, we find no merits in this contention. According to jamabandi for the year 1951‑52, the whole khasra is part of the shamilat‑e‑deh. The existence of the houses of the grave‑diggers on a part of the khasra is not unnatural. There is no evidence on the record that they had been permitted to occupy a part of the graveyard in a capacity other than as licensee to perform their function as grave‑digger. We would therefore dismiss this petition. M.B.A./F‑117/S Petition dismissed