1987 PLP 1870 (SCMR)
MUHAMMAD RAMZAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LANDS)
| Citation | 1987 PLP 1870 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan. JJ |
| Parties | MUHAMMAD RAMZAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LANDS) |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1987 PLP 1870 (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 1987 PLP 1870 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan. JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1870 (SCMR) (MUHAMMAD RAMZAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LANDS)). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Qayyum, Advocate Supreme Court instructed by Walayat Umar Chaudhry, Advocate-on-Record for Petitioners.
- Tanvir Ahmed, Advocate-on-Record for Respondents.
- Date of hearing: 21st February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court at Lahore dated 7-4-1984 passed in Constitutional Petition No.725/R of 1978).
S. 10--Evacuee Property and Displaced Persons Laws (Repeal) Act (XV of 1975), S. 3--Constitution of Pakistan (1973), Art. 185 (3)- Dispute over transfer of land--Perusal of record and arguments of counsel of parties showing that a case of misreading of record was made out--Petition for leave to appeal converted into appeal by consent of counsel of parties, impugned judgment of High Court and order of Settlement Commissioner set aside and petitioners' appeal directed to be heard and disposed of on merits by notified officer concerned according to law.
Judgment & Decree
S. 10--Evacuee Property and Displaced Persons Laws (Repeal) Act (XV of 1975), S. 3--Constitution of Pakistan (1973), Art. 185 (3)- Dispute over transfer of land--Perusal of record and arguments of counsel of parties showing that a case of misreading of record was made out--Petition for leave to appeal converted into appeal by consent of counsel of parties, impugned judgment of High Court and order of Settlement Commissioner set aside and petitioners' appeal directed to be heard and disposed of on merits by notified officer concerned according to law. Malik Muhammad Qayyum, Advocate Supreme Court instructed by Walayat Umar Chaudhry, Advocate-on-Record for Petitioners. Tanvir Ahmed, Advocate-on-Record for Respondents. Date of hearing: 21st February, 1987. S.A. NUSRAT, J.-- The dispute in this petition relates to land measuring 93 kanals and 3 marlas at Khata No.90 in village Qila Harsukhrai Tehsil Hafizabad, District Gujranwala. 2. We heard the learned counsel for the parties and after the perusal of the record found that prima facie a case of misreading of the record was made out. In the circumstances, both the learned counsel agreed that after setting aside the judgment of the learned High Court and the order of the Settlement Commissioner dated 28-5-1978, the case may be remanded to the notified officer for fresh disposal. 3. Accordingly by consent of the learned counsel, this petition is converted into appeal. The impugned judgment of the learned High Court and the order of the Settlement Commissioner are set aside and it is directed that the petitioners appeal be heard and disposed of on merits by the notified officer concerned after due notice and hearing the parties, according to law. S.Q./M-164/S Appeal allowed.