1989 PLP 1284 (SCMR)
MUHAMMAD RAMZAN Petitioner Versus PROVINCE OF PUNJAB Respondent
| Citation | 1989 PLP 1284 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | MUHAMMAD RAMZAN Petitioner Versus PROVINCE OF PUNJAB Respondent |
| Primary Law | Lambardari Grant Scheme‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1284 (SCMR)?
This judgment primarily cites: Lambardari Grant Scheme‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1284 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1284 (SCMR) (MUHAMMAD RAMZAN Petitioner Versus PROVINCE OF PUNJAB Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.Sajjad Raza Jafari, Advocate Supreme Court and Mahmood A.Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 20th February, 1989.
Headnotes / Summary
(From the judgment, dated 5‑2‑84 of the Lahore High Court, Bahawalpur Bench, in Civil Revision No.405‑D‑83/BWP). ‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Temporary Lambardar was not entitled to receive proprietary rights of land granted under Lambardari Grant Scheme‑‑Scheme having been withdrawn by the time Lambardar became permanent, Courts, held, were justified in rejecting his claim for proprietary rights in the land.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This petition for special leave to appeal is from the order, dated 5‑2‑84 whereby the revision petition of the petitioner from the judgment, dated 7‑9‑83 of the Additional District Judge affirming the judgment of the Senior Civil Judge, Bahawalpur, was dismissed. 2 The petition is barred by 31 days. For the reasons stated in the application for condonation, the delay is condoned.
3. The father of the petitioner was appointed as temporary lbardar of Chak 144/DB in tehsil Bahawalpur and was allotted 100 kanals of land by way of lambardari grant. In the former State of Bahawalpur, a Scheme was framed for granting proprietary rights to permanent lambardars in lambardari grants. As the father of the petitioner was only a temporary lambdardar, he could not take advantage of this Scheme. The Scheme was withdrawn in 1960. The father of the petitioner became a permanent lambardar in 1963, that is, about 3 years after the Scheme was withdrawn. On becoming a permanent lambardar, he started agitating for the grant of proprietary rights under the Scheme. His application in this regard was rejected. He died in 1969. On his death, the petitioner was appointed to succeed to him as lambardar on permanent basis. In 1979, he filed a civil suit seeking inter alia a declaration that he was entitled to acquire proprietary rights in the lamberdari grant. His suit was dismissed by the Senior Civil Judge, Bahawalpur and his appeal before the Additional District Judge and revision petition before the High Court failed. He now seeks leave to appeal from this Court.
4. This petition is clearly without any merit. So long as the petitioner and his father were temporary lambardars, they were not entitled to receive proprietary rights. The Scheme stood withdrawn before the petitioner's father became a permanent lambardar. In the circumstances, the Courts below were justified in rejecting the claim of the petitioner. This petition is accordingly dismissed. M.BA/M‑883/S Petition dismissed.