1987 PLP 1426 (SCMR)
ABDUL SATTAR and others‑‑Petitioners Versus HASSAN DIN and others‑‑Respondents
| Citation | 1987 PLP 1426 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | ABDUL SATTAR and others‑‑Petitioners Versus HASSAN DIN and others‑‑Respondents |
| Primary Law | Displaced Persons (Land Settlement) (Act XLVII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1426 (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 1426 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Javid Iqbal 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 1426 (SCMR) (ABDUL SATTAR and others‑‑Petitioners Versus HASSAN DIN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talib H. Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 1st June, 1987.
Headnotes / Summary
(On appeal from the order, dated 4‑3‑1986 of the Lahore High Court in Writ Petition No. 833 / R of 1978). ‑‑Ss. 10 & 11‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Land settlement‑‑Plot of land in occupation of 35 families and classified as in revenue record‑‑Allotment of such land in favour of petitioners declared by High Court as illegal and without lawful authority‑‑Order impugned on ground that plot was being used for purposes subservient to agriculture and as such it was land within meaning of Rehabilitation Scheme‑‑Revenue records produced by petitioners themselves also going against their contention‑‑Petition being devoid of merits, dismissed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the order dated 4‑3‑1986 of the Lahore High Court whereby the allotment of Khasra No. 11515 in Chak No.4/R‑B, Tehsil Sheikhupura, in favour of the petitioners was declared to be illegal and without lawful authority.
2. The said plot measured 8 kanals 18 marls. The Jamabandi for the year 1946‑47 it was classified as According to the comments submitted by the Settlement Department before the High Court it was in the occupation of 35 families with a population of
145. The High Court accepted the assertion of the respondents that as the plot did not constitute agricultural land its allotment in favour of the petitioners was illegal.
3. In support of this petition it is contended that the plot was being used for purposes subservient to agriculture anti as such it was land within the meaning of the Rehabilitation Scheme. There is nothing on the record which may bear out this contention. Even the revenue record produced by the petitioners themselves goes against their contention. In this context it may be mentioned that the earliest revenue record placed on the file is the khasra girdawari for the year 1941. In that document too, the plot is shown as. This petition is without any merit and is hereby dismissed. M.I./A‑54/S Petition dismissed.