1991 PLP 1329 (SCMR)
MUHAMMAD BOOTA and 2 others — Petitioners Versus PROVINCIAL GOVERNMENT through Collector,
| Citation | 1991 PLP 1329 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah |
| Parties | MUHAMMAD BOOTA and 2 others — Petitioners Versus PROVINCIAL GOVERNMENT through Collector, |
| Primary Law | Displaced Persons, (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1991 PLP 1329 (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 1991 PLP 1329 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1329 (SCMR) (MUHAMMAD BOOTA and 2 others — Petitioners Versus PROVINCIAL GOVERNMENT through Collector,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jehangir A. Jhoja, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 22nd October, 1989.
- Jehangir A. Jhoja, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the judgment, dated 14-6-1986 of the Lahore High Court, Lahore, in Civil Revision No.1783-D of 1983).
Ss. 10 & 11
Constitution of Pakistan (1973), Art.185(3)
Allotment of land, cancellation of
Entire Killa in dispute duly allotted to deceased father of petitioners was subsequently allotted to school on permanent basis with consent and in presence of father of petitioners
For more than 21 years of its permanent allotment to school neither original allottee nor his sons after his death, agitated against order of confirmation of entire Killa in name of school
No evidence was available as to indicate that during said 21 years original allottee or his sons/petitioners were in possession of disputed portion of the Killa
Courts below, thus were justified in rejecting claim of original allottee and his sons after his death to land in dispute.
Judgment & Decree
(From the judgment, dated 14‑6‑1986 of the Lahore High Court, Lahore, in Civil Revision No.1783‑D of 1983). ‑‑‑‑Ss. 10 & 11‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Allotment of land, cancellation of‑‑‑Entire Killa in dispute duly allotted to deceased father of petitioners was subsequently allotted to school on permanent basis with consent and in presence of father of petitioners‑‑‑For more than 21 years of its permanent allotment to school neither original allottee nor his sons after his death, agitated against order of confirmation of entire Killa in name of school‑‑‑No evidence was available as to indicate that during said 21 years original allottee or his sons/petitioners were in possession of disputed portion of the Killa‑‑‑Courts below, thus were justified in rejecting claim of original allottee and his sons after his death to land in dispute. Jehangir A. Jhoja, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 22nd October, 1989. SAAD SAOOD, JAN, J.‑‑‑The dispute in this petition for special leave to appeal relates to about 4 kanals and 6 marlas of land forming part of killa No.2 of Square No.26 situate in Chak No.44g/Gt of Tehsil Samundri. The area of the entire killa is 8 kanals and 13 marlas. It was evacuee property and was allotted to Chanan, father of the petitioners. Sometimes in 1954, a school was established in the Chak. The land‑owners of the Chak donated land to the school. On his part, Chanan offered the whole of killa in question to the school. Accordingly, with his consent an Assistant Rehabilitation Commissioner by an order dated 18‑1‑1957 confirmed the allotment of the entire killa in the name of the school. More than 21 years later Chanan filed a civil suit claiming that he was owner of about 4 kanals and 6 marlas in the killa in question and that the same had never been in possession of the school. The suit was decreed by the trial Court but in appeal it J was dismissed by the Additional District Judge, Faisalabad. The petitioners filed a revision petition in the High Court but without any success. They now seek leave to appeal from this Court.
2. As noticed earlier, the killa in question was allotted on to the school by the Assistant Rehabilitation Commissioner on Chanan and after his death his sons did not agitate against the order Assistant Rehabilitation Commissioner. In fact Chanan was present in the time of the confirmation of the allotment. There is also no evidence indicating that between 1957 and 1975 he was ever in disputed portion of the killa. In the circumstances, the High Court and the Additional District Judge were justified in rejecting his claim to the land in dispute. This petition is without any merit and is hereby dismissed. H.B.T./M‑1163/S Petition dismissed.