1987 PLP 74 (MLD)
MUHAMMAD HABIB — Petitioner Versus LAL DIN and others — Respondents
| Citation | 1987 PLP 74 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | MUHAMMAD HABIB — Petitioner Versus LAL DIN and others — Respondents |
| Primary Law | West Pakistan Consolidation of Holdings Ordinance (VI of 1960) |
Q1: What are the key laws and sections cited in 1987 PLP 74 (MLD)?
This judgment primarily cites: West Pakistan Consolidation of Holdings Ordinance (VI of 1960) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 74 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 74 (MLD) (MUHAMMAD HABIB — Petitioner Versus LAL DIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdul Latif for Petitioner.
- Masood Ahmad Malik for Respondent No. 1.
- Date of hearing: 1st October, 1986.
Headnotes / Summary
S. 18--Constitution of Pakistan (1973), Art. 199 Constitutional jurisdiction--Respondent admittedly did not enjoy status of tenant under petitioner's predecessor-in-interest in respect of disputed land at time of confirmation of consolidation scheme--Entries in crop register clearly showed that even if respondent occupied land after confirmation of such schemes, he had voluntarily abandoned possession and handed over same to petitioner--Order of consolidation officer affirmed by appellate authorities below treating respondent as tenant under petitioner or his predecessor-in-interest was passed without looking into entries in crop register and without taking into consideration instructions given by High Court in remanding case to appellate authority--Such order, held, was patently illegal and was liable to be set aside in constitutional Jurisdiction of High Court.
Judgment & Decree
Cultivator Cultivator Crop Karif 1979 Muhammad Hussain. Nazir. Nazir. "Rabi, 1980 Do Muhammad Hussain. Do "Kharif, 1980 Do Allah Ditta. Muhammad Hussain Rabi, 1981 Do Do Do As in pursuance of the Consolidation Officer's order aforesaid, the possession was delivered to the respondent, from Kharif, 1981 onward his name figures in the crop-register.
6. It is obvious that the learned Member did not look into the said entries figuring in the crop-register. The premises on which he proceeded to maintain the orders of his subordinate authorities are not tenable, as subsequent entries in the crop-register, unequivocally indicate that the respondent ceased to be a tenant after Kharif, 1978. These entries amply support the version of the petitioner. As already stated the validity of the Consolidation Officer's order was, the subject-matter of an appeal and revision before the Board of Revenue. This order has been found to be patently illegal and is thus liable to be set aside. Likewise all orders based and proceedings based on it are rendered illegal.
7. For the foregoing reasons this writ petition is accepted. The Consolidation Officer's order dated 13-8-1981, the appellate and the revisional orders passed on the basis thereof, are declared to have been passed without lawful authority. Consequently, the parties shall be restored to the position existing immediately before the order dated 13-8-1981. They are left to' bear their own costs. H . B . T / M-112/ L Petition accepted