SCMR 1986

1986 PLP 1384 (SCMR)

AHMAD and others — Petitioners Versus KARAM HUSSAIN and another — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 796 of 1979, decided on 16th March, 1986.
Honorable Judges
Aslam Riaz Hussain and Muhammad Afza1 Zullah, JJ
Case Reference Summary (AEO Optimized)
Citation 1986 PLP 1384 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Muhammad Afza1 Zullah, JJ
Parties AHMAD and others — Petitioners Versus KARAM HUSSAIN and another — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP 1384 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP 1384 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhammad Afza1 Zullah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 PLP 1384 (SCMR) (AHMAD and others — Petitioners Versus KARAM HUSSAIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Raja Muhammad Muzaffar, Advocate Supreme Court and S. Wajid Hussain Advocate-on-Record (absent) for Petitioners.
  • Nemo for Respondents.
  • Date of hearing: 16th March, 1986.
  • Raja Muhammad Muzaffar, Advocate Supreme Court and S. Wajid Hussain Advocate‑on‑Record (absent) for Petitioners.

Headnotes / Summary

(Against the judgment of Lahore High Court, Lahore, dated 8-4-1979 passed in R.S.A. No. 411 of 1976).

Art. 185(3)--West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S. 26--Petition for leave to appeal--Second appeal--Civil suit directed against proceedings of revenue authorities in a consolidation matter-- Prayer of petitioners before Court being that they should be declared as owners of particular Khasra numbers which had been given by consolidation authorities to another person--Petitioner, held, had no cause of action before Court--Remedy of petitioner lay within competence of authorities dealing with consolidation matters who were duty bound to constitute compact blocks of scattered pieces of land belonging to different persons--Civil Court, therefore, rightly declined to interfere with a decision taken by consolidation authorities--Leave to appeal refused.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.‑‑The petitioners seek leave to appeal against the order of a learned Single Judge of the High Court, dated 8‑4‑1979, dismissing their R.S.A.

2. We have read the impugned order of the High Court and heard the learned counsel for the petitioners. We find that the Civil suit out of which the R.S.A. has arisen was directed against the proceedings of the revenue authorities in a consolidation matter. The prayer by the petitioners before the Civil Court was that they should be declared as owners of particular Khasra numbers which had been given by the consolidation authorities to another person. After hearing the learned counsel we feel that the petitioners have no cause for grievance. Such action is not only within the competence of the authorities dealing with consolidation matters but is, in fact, their duty to constitute compact blocks of scattered pieces of land belonging to different persons with a view to curtail fragmentation of land and to consolidate the holdings. The learned Civil Judge rightly held that he had no jurisdiction to interfere with a decision of this nature taken by the consolidation authorities. We are, therefore, not) inclined to grant leave in this case. The petition is consequently dismissed as having no force. M . Y . H . Petition dismissed.