P L D 19'91 Lahore 459 (PLP)
MUHAMMAD ASHRAF KHAN and others — Appellants Versus A. C. 11, SIALKOT and others — Respondents
| Citation | P L D 19'91 Lahore 459 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD ASHRAF KHAN and others — Appellants Versus A. C. 11, SIALKOT and others — Respondents |
Q1: What are the key laws and sections cited in P L D 19'91 Lahore 459 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 19'91 Lahore 459 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 19'91 Lahore 459 (PLP) (MUHAMMAD ASHRAF KHAN and others — Appellants Versus A. C. 11, SIALKOT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Qadir Bakhsh for Appellant. Ch. Hafeez Ahmad for Respondents.
Headnotes / Summary
Para. 7
Even if a proposal to transfer the land had been made in favour of a person, the land covered by such proposal being not available could not be transferred to any one else till such time the proposal was taken out of the field--Allotment in favour of a person in the presence of proposal, which was asserted to be an allotment by the respondent was obviously not sustainable and that being so, the person so transferred would have no locus standi to question the right of an allottee to retain the land in pursuance of para. 7 of the Scheme. [p. 461] A
Para. 7
Instructions contained in Memorandum No.2195-62/3798 R(L) para.2(7)
Not necessary to file MGE Form only when there was a confirmed allotment in favour of claimant. [p. 4611 B
Para. 7
Allotment was never cancelled by any Authority and as such the land was not available for transfer to any other person
Any order of allotment pertaining -to such land made in favour of any person whosoever including the predecessor-in-interest of allottee (deceased) had no validity in the eye of law and
Judgment & Decree
Inayat Bibi etc. v. Assistant Settlement Commissioner and Chief Settlement Commissioner PLD 1978 Lah. 252 ref. (b) West Pakistan Rehabilitation Settlement Scheme (Rural)
Para. 7
Instructions contained in Memorandum No.2195-62/3798 R(L) para.2(7)
Not necessary to file MGE Form only when there was a confirmed allotment in favour of claimant. [p. 4611 B (c) West Pakistan Rehabilitation Settlement Scheme (Rural)
Para. 7
Allotment was never cancelled by any Authority and as such the land was not available for transfer to any other person
Any order of allotment pertaining -to such land made in favour of any person whosoever including the predecessor-in-interest of allottee (deceased) had no validity in the eye of law and was non est
No question of limitation thus would arise. in questioning the allotment so made and same could -be validly challenged at any time when the person challenging came to know of it especially when the allotment in question was cancelled without notice to allottee or for that matter affording him any opportunity of hearing
Limitation in such cases would run from the date of knowledge of the person challenging the allotment.--[Limitation]. [p. 462] C Ch. Qadir Bakhsh for Appellant. Ch. Hafeez Ahmad for Respondents. Date of hearing: 23rd April, 1991.