1991 PLP 1358 (SCMR)
MUTALI and another — Petitioners Versus SHERA and 2 others — Respondents
| Citation | 1991 PLP 1358 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and |
| Parties | MUTALI and another — Petitioners Versus SHERA and 2 others — Respondents |
| Primary Law | West Pakistan Consolidation of Holdings Ordinance (VI of 1960) |
Q1: What are the key laws and sections cited in 1991 PLP 1358 (SCMR)?
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 1991 PLP 1358 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1358 (SCMR) (MUTALI and another — Petitioners Versus SHERA and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hassan, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 1st November, 1989.
- Malik Saeed Hassan, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the order, dated 6-5-1986 of the Lahore High Court in Writ Petition No.46641 of 1986).
S. 13
Constitution of Pakistan (1973), Art. 185(3)
Constitutional petition filed by petitioner was dismissed by High Court on account of failure of petitioner to file required pre-consolidation map on basis of which factual controversy in case regarding consolidation matter could be appreciated by Court
Petitioner who also failed to produce required map even in Supreme Court, could not point out any infirmity in orders passed by Courts below
Leave to appeal was, refused.
Judgment & Decree
Malik Saeed Hassan, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 1st November, 1989. MUHAMMAD AFZAL ZULLAH, J: ‑‑Leave to appeal has been sought in a consolidation matter; against the dismissal 'by the High Court, of petitioners' Constitutional Petition. Learned counsel has contended that a piece of land obtained by the petitioners through exchange, which is near the block of the petitioners, could not have been given to the respondents side. And further that even if the latter had any interest in the land given in exchange he had no right in consolidation to get the land obtained by the petitioners in exchange. The learned Judge in the High Court while dismissing the writ petition has observed as follows:‑‑ "The factual controversy of the nature raised does not stand substantiated and the petitioners are to blame themselves for that. There is no pre-consolidation map filed so that this Court can appreciate the factual controversy which otherwise this Court is reluctant to entertain. This case has been pending on the file of this Court since 20th October, 1986 and it is too late in the day for the learned counsel to wake up and pray for time to get a copy of pre-consolidation map." The map has not been produced even before this Court. Be that as it may, we having heard the learned counsel in support of this petition have not been able to find any such infirmity in the orders impugned before the High Court which would justify interference by that Court. Leave to appeal, accordingly, is refused. H.B.T./M‑1169/S Leave to appeal refused.