1991 PLP 1302 (CLC)
VICE‑CHANCELLOR ‑‑‑ Appellant Versus ZILADAR KHAN and others ‑‑‑ Respondents
| Citation | 1991 PLP 1302 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Irshad Hasan Khan and Muhammad Arif, J |
| Parties | VICE‑CHANCELLOR ‑‑‑ Appellant Versus ZILADAR KHAN and others ‑‑‑ Respondents |
| Primary Law | Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 1302 (CLC)?
This judgment primarily cites: Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1302 (CLC)?
The case was heard and decided by the Lahore bench comprising: Irshad Hasan Khan and Muhammad Arif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1302 (CLC) (VICE‑CHANCELLOR ‑‑‑ Appellant Versus ZILADAR KHAN and others ‑‑‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Nawaz Kasuri for Appellant.
- Shahzad Shaukat for Respondents.
- Date of hearing: 8th April, 1991.
Headnotes / Summary
‑‑‑‑ S. 2 ‑‑‑ Law Reforms Ordinance (XII of 1972), S.3(2) ‑‑‑ Intra‑Court appeal, maintainability of ‑‑‑ Dispute in appeal had arisen out of proceedings before Settlement Authorioes in which original order of allotment was subject to appeal, review and revision ‑‑‑ Intra‑Court appeal, in circumstances was not maintainable.
Judgment & Decree
M. Nawaz Kasuri for Appellant. Shahzad Shaukat for Respondents. Date of hearing: 8th April, 1991. IRSHAD HASAN KHAN, J.‑‑This Intra‑Court Appeal arises out of the Judgment dated 7‑11‑1990 passed by learned Single Judge in Writ Petition No.239‑R/87 in a settlement matter.
2. The brief facts for the disposal of this appeal are that the respondents moved a petition before the Board of Revenue, Punjab, Lahore, for implementation of order dated 24‑2‑1956 passed by the Deputy Rehabilitation and Settlement Commissioner, Faisalabad, in connection with the allotment of the land in dispute in their favour. Their petition was dismissed by the Additional Revenue Commissioner, Punjab, vide order dated 26‑7‑1987 on the ground that no action could be, taken after the repeal of the Settlement Laws in 1974. The contesting respondents feeling aggrieved, filed Writ Petition No.239‑R/87 which was accepted by the learned Single Judge of this Court vide Judgment dated 7‑11- 1990 on the ground that the application was covered by "pending proceedings" within the purview of section 2 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, and, therefore, the Notified Officer was under a statutory duty to dispose of the petition of the contesting respondents.
3. Learned counsel for the appellant inter alia contends that there is no evidence on record that the land in dispute was or ever treated as evacuee property. On the contrary, it is argued that the record shows that it belonged to the Government and had been transferred to the appellant as far back as 1962 and, therefore, the Notified Officer has no jurisdiction to deal with the disputed land in any manner whatsoever.
4. It is not necessary to go into the merits of the case. Suffice is to say that the dispute in this appeal has arisen out of proceedings before the Settlement Authorities in which the original order of allotment was subject to appeal, review and revision and, therefore, this Intra‑Court Appeal is not maintainable by virtue of the proviso to subsection (2) of section 3 of the Law Reforms Ordinance (XII of 1972). This Intra‑Court Appeal, therefore, fails and is hereby dismissed being incompetent, with no order as to costs. H.B.T./V‑1/L Appeal dismissed.