1990 PLP 1175 (SCMR)
MUMREZ KHAN‑‑Petitioner Versus MUHAMMAD HUSSAIN and others‑‑‑Respondents
| Citation | 1990 PLP 1175 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and S. Usman Ali Shah, JJ |
| Parties | MUMREZ KHAN‑‑Petitioner Versus MUHAMMAD HUSSAIN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1990 PLP 1175 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1175 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1175 (SCMR) (MUMREZ KHAN‑‑Petitioner Versus MUHAMMAD HUSSAIN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Hussain Awan, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
- Ch. Ghulam Mujtaba, Advocate‑on‑Record for Respondents.
- Date of hearing: 18th September, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 30‑11‑1985, passed in 1.C.A.No.104 of 1985). Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑‑ ‑‑‑‑Ss.10 & 11‑‑‑Law Reforms Ordinance (XII of 1972), S.3‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Transfer of land‑‑‑Leave to appeal granted to examine whether Intro‑Court Appeal filed by petitioner against order of High Court was competent or not.
Judgment & Decree
S. USMAN ALI SHAH, J.‑‑Leave to appeal has been sought by the petitioner against the order of the Lahore High Court dated 30‑11‑1985, whereby Intra‑Court Appeal of the petitioner against the order of the learned Single Judge of the said High Court in Writ Petition No.106‑R of 1977 filed by the respondents and allowed in their favour, was dismissed. On 7‑11‑1961 Ghulam Oadir father of the respondents was confirmed land at R.L.II 646 in village Devidaspura, Tehsil Bhalwal, District Sargodha. The said land was under mortgage and on 10‑10‑1964 it was cancelled from the name of Ghulam Qadir. On 6‑11‑1965 this land was shown to have been allotted to one Abdul. In the meanwhile the Chief Settlement Commissioner issued instructions that such lands were allotable and the allotments already made be restored. The respondents filed application under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 against the allotment in the name of Abdul. However, an application was made on behalf of Abdul that he had not obtained the allotment and his son being his attorney also made a statement showing his ignorance of such allotment in the name of his father. Abdul also filed an affidavit to this effect on 3‑9‑1976. The learned Additional Settlement Commissioner dismissed the application filed by the respondents vide his order dated 24‑11‑1976. Thereafter, writ petition of the respondents before the High Court was accepted and the learned Single Judge vide his order dated 8‑4‑1985 set asidc and declared the order of the Additional Settlement Commissioner without lawful authority and of no legal effect and the land was restored and confirmed in the names of the respondents. The petitioner filed Intra‑Court Appeal before the Lahore High Court against the order of the learned Single Judge which was dismissed by a Division Bench vide its order dated 30‑11‑1985. After hearing the learned counsel for the parties, we grant leave to anneal to examine whether the Intra‑Court Appeal was competent or not. Security for costs in the sum of Rs.5,000. Appeal is to be made ready for hearing on the present record. However, the parties are allowed to file necessary additional documents, if any. H.B.T./M‑1165/S Leave granted.