SCMR 1982

1982 PLP (1) (SCMR)

KHUSHI MUHAMMAD‑Petitioner Versus MUHAMMAD YAHYA AND OTHERS‑ — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 570 of 1981, decided on 20th December 1981.
Honorable Judges
Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Case Reference Summary (AEO Optimized)
Citation 1982 PLP (1) (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Parties KHUSHI MUHAMMAD‑Petitioner Versus MUHAMMAD YAHYA AND OTHERS‑ — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1982 PLP (1) (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1982 PLP (1) (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1982 PLP (1) (SCMR) (KHUSHI MUHAMMAD‑Petitioner Versus MUHAMMAD YAHYA AND OTHERS‑ — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Aitzaz Ahsan, Advocate Supreme Court for Petitioner.
  • Fazal‑i‑Hussain, Advocate‑on‑Record for Respondents.
  • Date of hearing : 20th December, 1981.

Headnotes / Summary

(Against the order of the Lahore High Court dated 28‑6‑1977, passed in Writ Petition No. 1166‑R of 1974). --‑ Art. 185(3)‑Leave to appeal‑Petitioner's counsel unable to make out any good ground for inference in impugned orderTransfer of land as ordered against Produce Index Units quite just and properCase; held, not fit for grant of leave to appeal.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.‑This petition is directed against the order of the Lahore High Court dated 28.6‑1981, dismissing the petitioner's constitu tional petition in a settlement matter.

2. The petitioner had a verified claim of 336 PIUs. In 1956 he was transferred 30 kanals of land in Village Fatehgarh, Tehsil and District Sialkot equivalent to 327 PIUs. Nine P. I. Us however, still remain unsatisfied. The petitioner had in his possession another piece of land (Khasra No. 95) measuring 3 kanals and 15 marlas contiguous to the land transferred to him against his claim. Sixteen years later, on 17‑10‑1972, the Settlement Authorities divided Khasra Number 95 into two parts, namely No. 95/2 min and 95/3 min, and transferred Khasra No. 95/3 min measuring 2 kanals and 19 marlas, to Muhammad Yahya respondent, against his 24 PIUs. which had not yet been satisfied, and transferred Khasra' No. 95/2 min measuring 16 marlas to the petitioner against his remaining 9 P. I. Us.

3. We have gone through the judgment and heard the learned counsel for the petitioner. He has not been able to make out any good ground for interference in the impugned order. Moreover, the transfer of 16 marlas of land to the petitioner against his 9 PIU by the Settlement Authorities, is in the circumstances of the case, quite just and proper. We do not, therefore, consider this to be a fit case for grant of leave. The petition is consequently dismissed. Petition dismissed.