1991 PLP 1647 (SCMR)
Mst. CHUNAN and others — Petitioners Versus AYUB HUSSAIN and others — Respondents.
| Citation | 1991 PLP 1647 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and S. Usman Ali Shah, JJ |
| Parties | Mst. CHUNAN and others — Petitioners Versus AYUB HUSSAIN and others — Respondents. |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1991 PLP 1647 (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 1991 PLP 1647 (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: 1991 PLP 1647 (SCMR) (Mst. CHUNAN and others — Petitioners Versus AYUB HUSSAIN and others — Respondents.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamim Abbas Bokhari, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners.
- Mahmood Bhatti, Advocate Supreme Court and M. Aslam Chaudhry, Advocate-on-Record for Respondent No.1.
- Date of hearing: 27th September, 1989.
- Shamim Abbas Bokhari, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.
- Mahmood Bhatti, Advocate Supreme Court and M. Aslam Chaudhry, Advocate‑on‑Record for Respondent No.1.
Headnotes / Summary
(From the judgment dated 13-1-1986 of the Lahore High Court, Bahawalpur Bench, in Writ Petition No.207/R of 1977).
Ss. 10 & 11
Constitution of Pakistan (1973),.Art.185(3)
Allotment of land, cancellation of
Land proposed in name of respondents against their verified claim subsequently was cancelled and some portion of cancelled land was transferred to some one on permanent basis and transferee sold that portion to the petitioners
On filing Constitutional petition by respondents against cancellation of these proposals and transfer of portion in favour of vendor, High Court, declared transfer in favour of vendor illegal
Petitioners contended that proposal in favour of respondents was made with reference to shares in joint Khasras without reference to any Khasra number and in such circumstances, no means were available to them to find out that transfer made in favour of vendor was illegal
Contention of petitioners needing examination, leave to appeal was granted.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑On 7‑11‑1964, agricultural land equivalent to 1588 Produce Index Units was proposed in the name of the respondents against their verified claim. The proposal was cancelled on 13‑8‑1971. On 29‑8‑1969, about 110 kanals of land covered by the proposal in favour of the respondents was transferred on a permanent basis to one Hafiz Ihsanullah. Consequent upon successive sales and a pre‑emption suit, the petitioners became owners of the land in dispute.
2. When respondents Nos.1 to 10 learnt about the cancellation of the proposal in their favour and the transfer of part of their allotment to Harz Ihsanullah, they filed a writ petition in the High Court. A learned Single Judge accepted the writ petition and declared the allotment made to Hafiz Ihsanullah to be without lawful authority and of no legal effect. Aggrieved by the order of the High Court, the petitioners seek leave to appeal from this Court.
3. In support of this petition, it is stated that the proposal in favour of the respondents was made with reference to shares in the joint khasras without reference to any khasra number. 1n the circumstances, no means were available to the petitioner to find out that the allotment made to Hafiz Ihsanullah was illegal. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,
000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents. if any. H.B.T./C‑47/S Leave granted.