1990 PLP 1169 (SCMR)
AZIZ KHALIQ‑‑Petitioner Versus SETTLEMENT COMMISSIONER and others‑‑Respondents
| Citation | 1990 PLP 1169 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and S. Usman Ali Shah, JJ |
| Parties | AZIZ KHALIQ‑‑Petitioner Versus SETTLEMENT COMMISSIONER and others‑‑Respondents |
| Primary Law | Settlement Scheme No.1‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1169 (SCMR)?
This judgment primarily cites: Settlement Scheme No.1‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1169 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1169 (SCMR) (AZIZ KHALIQ‑‑Petitioner Versus SETTLEMENT COMMISSIONER and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch.Hafeez Ahmad, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
- Khalid Mahmood, Advocate Supreme Court for Respondents.
- Date of hearing: 23rd September, 1989.
Headnotes / Summary
(From the judgment dated 9‑12‑1985 of the Lahore High Court in Writ Petition No.1445‑R of 1974). ‑‑‑Papas. 33 & 37‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Agreement of association‑‑‑Issuance of P.T.O.‑‑‑Leave to appeal‑‑‑Contention that Settlement Authority despite accepting agreement of association regarding transfer of property in dispute executed between petitioner and respondent, did not prepare P.T.O. in accordance with mode of transfer indicated in agreement‑‑‑Mode of transfer of property as given in agreement having not been strictly adhered to by Settlement Authority and that aspect of case having also been ignored by High Court, contention raised by petitioner needed examination‑‑‑Leave to appeal was granted.
Judgment & Decree
Ch.Hafeez Ahmad, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioner. Khalid Mahmood, Advocate Supreme Court for Respondents. Date of hearing: 23rd September, 1989. SAAD SAOOD JAN, J.‑‑A unit of the property situate in Qilla Gujar Singh, Lahore was directed to be transferred by the Deputy Settlement Commissioner to Muhammad Aslam, respondent No.3. Shortly thereafter respondent No.3 entered into an agreement of association with the petitioner. In the said agreement the mode in which the unit was to be divided between the parties was specified. The agreement was accepted by the Deputy Settlement Commissioner. However, while issuing the provisional transfer order, the mode given in the agreement was not strictly adhered to. The petitioner moved an application before the Deputy Settlement Commissioner for the amendment of the provisional transfer order but it was dismissed. He filed a revision petition before the Settlement Commissioner but that too failed. He then invoked the Constitutional jurisdiction of the High Court to obtain relief but his petition was dismissed. He now seeks leave to appeal from this Court.
2. In support of this petition it is contended that after the agreement of association had been accepted by the Deputy Settlement Commissioner, the provisional transfer order should have been prepared in accordance with the mode of division indicated therein. This aspect of the case was then ignored both by the Settlement authorities and the High Court.
3. The contention raised in support of this petition needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,
000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. H.B.T./A‑657/S Leave granted.