1989 PLP 1562 (SCMR)
MUHAMMAD YOUSAF and others Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE,
| Citation | 1989 PLP 1562 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | MUHAMMAD YOUSAF and others Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE, |
| Primary Law | West Pakistan Consolidation of Holdings Ordinance (VII of 1960) |
Q1: What are the key laws and sections cited in 1989 PLP 1562 (SCMR)?
This judgment primarily cites: West Pakistan Consolidation of Holdings Ordinance (VII of 1960) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1562 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1562 (SCMR) (MUHAMMAD YOUSAF and others Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad lqbal, Advocate Supreme Court (absent) and Tanveer Ahmad, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore, dated 8‑10‑1985, passed in W.P. No.3762/88). --S 10‑‑Consolidation‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal was sought on the questions whether there was any private partition and whether the petitioners in the circumstances were entitled to keep the joint property in their possession‑‑Questions being essentially questions of fact, Supreme Court declined interference.
Judgment & Decree
USMAN ALI SHAH. J.‑‑Leave to appeal has been sought by the Petitioners against the dismissal of their Constitutional Petition No.3762 of 1988, by the Lahore High Court, vide impugned order. The facts briefly stated are that the petitioner had purchased some land measuring 90 kanals 3 marlas comprising 1/3rd share of Khewat No.12 and 1/11th share of Kbewat No.13, from Maqbul Ahmad etc. vide Mutation No.44, attested on 30‑3‑1978. The vendors were co‑sharers in the land with one Mst. Feroze Saleem, got their share separated through a private partition deed, dated 20‑4‑76 and a report to this effect was made in the `Roznamcha' at S.No.1404, dated 11‑5‑
76. The consolidation proceedings in the Mauza were initiated and a scheme was formulated which was duly confirmed on 28‑9‑1978 in which the petitioners were given due share according to their entitlement in respect of their shares in the aforesaid Khatas and the possession was also delivered to them. An appeal against the said confirmation of consolidation scheme was preferred before the Deputy Commissioner (Consolidation) Lahore, which was dismissed on 20‑11‑1979. Further appeal before the Addl. Commissioner was also dismissed on technical bounds vide order, dated 30‑6‑1980. A revision petition before the M_B.R. also met with the same fate. These orders were challenged in a writ petition before the High Court, which was also dismissed vide order, dated 8‑10‑1988. The question of fact is involved in this case, whether there was any private partition and whether the petitioners in the circumstances were entitled to keep the joint property in their possession. This is essentially a question of fact which needs no interference by this Court. Therefore, this petition has no force and is dismissed. Leave refused. M.B.A./M‑839/S Petition dismissed.