2003 PLP 1833 (SCMR)
NASRULLAH KHAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LAND), FAISALABAD and others — Respondents
| Citation | 2003 PLP 1833 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry and Faqir Muhammad Khokhar, JJ |
| Parties | NASRULLAH KHAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LAND), FAISALABAD and others — Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 2003 PLP 1833 (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 2003 PLP 1833 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1833 (SCMR) (NASRULLAH KHAN and another — Petitioners Versus SETTLEMENT COMMISSIONER (LAND), FAISALABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hameed Rana, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 15th May, 2002.
- 4. We have heard the learned counsel for petitioner and have carefully gone through the judgment impugned. Learned High Court had examined the case thoroughly and concluded that as far as Ghulam Ghaus father of petitioner is concerned, he is not in possession of the allotment in respect of Killas Nos . 5 and 6. When we inquired from the learned counsel as to whether he is in possession of the same, he could not answer satisfactorily except saying that in Jamabandi father of petitioners has been shown to be transferee of Killas Nos.5 and 6. We are not inclined to accept the explanation offered by him being unsatisfactory because the Settlement Department after conducting thorough probe came to the conclusion that there is no allotment letter of Killas Nos.5 and. 6 in favour of petitioners.
Headnotes / Summary
(On appeal from the judgment/order dated 11-5-1999 passed by the Lahore High Court, Lahore in Writ Petition No.76-R of 1993).
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
This petition for leave to appeal has been filed against the judgment dated 11th May, 1999 passed by Lahore High Court, Lahore whereby writ petition filed by petitioners has been dismissed.
2. Precisely stating the facts of the case are that Ghulam Ghaus alias Ghaus Muhammad father of petitioner was allotted 50 Kanals, 1 Marla land., in Square No. 21, Killa Nos. 1, 2, 3, 4, 5 and 6 in the year 1956 against his claim of 510 PIUs. After the allotment, statedly he sold Killas Nos.1 to 4 whereas Killas Nos.5 and 6 measuring 15 Kanals and 2 Marlas remained with him being part of allotment order. It is alleged that one Fazal Muhammad father of respondents Nos.2, 3, 5 and husband of Mst. Azizan respondent No.4 with the connivance of the Settlement Department got included Killas Nos.5 and 6 in his RL-11 on 3rd November, 1955. According to petitioner's case, there was no such order in favour of Fazal Muhammad, therefore, he illegally got included these Killas numbers in his favour. Petitioners challenged the order dated 3rd November, 1955 before the Settlement Authorities but eventually without success. Therefore, ultimately matter came up before High Court in writ petition, which has been disposed of by means of impugned judgment. As such instant petition has been filed.
3. Learned counsel for the petitioner contended that the petitioner's father was the transferee of Killas Nos.5 and 6 as it has been manifest from the Jamabandi, therefore, Settlement Authority had no jurisdiction to include both the Killa numbers (5 and 6) in RL-II of Fazal Muhammad on 3rd November, 1955.
4. We have heard the learned counsel for petitioner and have carefully gone through the judgment impugned. Learned High Court had examined the case thoroughly and concluded that as far as Ghulam Ghaus father of petitioner is concerned, he is not in possession of the allotment in respect of Killas Nos . 5 and
6. When we inquired from the learned counsel as to whether he is in possession of the same, he could not answer satisfactorily except saying that in Jamabandi father of petitioners has been shown to be transferee of Killas Nos.5 and
6. We are not inclined to accept the explanation offered by him being unsatisfactory because the Settlement Department after conducting thorough probe came to the conclusion that there is no allotment letter of Killas Nos.5 and. 6 in favour of petitioners.
5. Because the question of facts has been decided on the basis of material available on record by the Settlement Authority and has been confirmed by all the Courts below, therefore, we are of the opinion that no point is made out for exercise of jurisdiction by this Court under B Article 185(3) of the Constitution of Islamic Republic of Pakistan. Thus for the foregoing reasons, we see no force in this petition, as such the same is dismissed and leave declined. S.A.K./N-91/S Leave refused.