1985 PLP 138 (SCMR)
ALI MUHAMMAD and others — Petitioners Versus MUHAMMAD HANIF and others — Respondents
| Citation | 1985 PLP 138 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and M.S.H. Quraishi, JJ |
| Parties | ALI MUHAMMAD and others — Petitioners Versus MUHAMMAD HANIF and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 138 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 138 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 138 (SCMR) (ALI MUHAMMAD and others — Petitioners Versus MUHAMMAD HANIF and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Hafeez-ur-Rehman, Advocate Supreme Court, instructed by Ch. Muhammad Aslam, Advocate-on-Record for Petitioners:
- Nemo for Respondents.
- Date of hearing: 19th August, 1984.
Headnotes / Summary
(From the order dated 10-6-1980 of the Lahore High Court passed in Writ Petition No. 38/11 of 1975).
Art. 185(3)--Settlement Scheme No. VII--Record showing that Khasra number in question was Ghair Mumkin Abadi--Fact that said Khasra number consisted of houses and was in occupation of respondents was not denied by petitioner--Allotment of such Khasra number in favour of petitioner was held to be void ab initio by High Court in constitutional jurisdiction--Finding of High Court that property was not available for transfer to petitioner as agricultural land, was, therefore, not open to exception--Leave to appeal refused.
Judgment & Decree
M.S.H. QURAISHI, J.--The dispute relates to a part of Khasra No. 860, measuring 1 Kanal 7 Marlas, situate in village Kamahan, Tehsil and District Lahore, which was allotted to the petitioners as agricultural land and later confirmed in their favour on 3-7-1968. Another part o1 the same Khasra, measuring 2 Kanals 18 Marlas, was similarly allotted to one Nawaz Khan. These allotments were challenged by respondents 1 to 5 on the ground that the Khasra No. 860 was recorded as Ghaiz Mumkin Abadi, that there were houses of the respondents on it and that it was deemed to have been transferred in their favour under Scheme No. VII. Their appeal against Nawaz Khan succeeded on 15-5-1969 and the allotment in the name of Nawaz Khan was cancelled. Their revision filed against the petitioners was, however, dismissed in default, whereupon they moved Writ Petition No. 35/11 of 1975. The High Court noted that the record did show that the aforesaid Khasra number was Ghair Mumkin Abadi and that the fact that it consisted of houses which were in occupation of the respondents was not denied by the petitioners. The writ petition was, therefore, accepted and the allotment made in favour of the present petitioners was held to be void ab initio.
2. It is thus seen that the Tribunal as also the High Court came to the same finding that Khasra No. 860 was Ghair Mumkin Abadi whereupon stood residential houses in occupation of the respondents. That being so, the finding of the High Court that the property was not available for transfer to the petitioners as agricultural land is not open to exception. No case is made out for an interference. The petition is dismissed. M . Z . M . Petition dismissed.