1989SCMR308 (PLP)
SARDAR MUHAMMAD and others — Petitioners Versus MEMBER (CONS.), BOARD OF REVENUE, PUNJAB and others — Respondents
| Citation | 1989SCMR308 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | SARDAR MUHAMMAD and others — Petitioners Versus MEMBER (CONS.), BOARD OF REVENUE, PUNJAB and others — Respondents |
| Primary Law | West Pakistan Consolidation of Holdings Ordinance (VI of 1960) |
Q1: What are the key laws and sections cited in 1989SCMR308 (PLP)?
This judgment primarily cites: West Pakistan Consolidation of Holdings Ordinance (VI of 1960) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR308 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR308 (PLP) (SARDAR MUHAMMAD and others — Petitioners Versus MEMBER (CONS.), BOARD OF REVENUE, PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Talib Hussain Awan, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 2nd August, 1988.
Headnotes / Summary
(On appeal from the judgment and order dated 17-3-1982 of the Lahore High Court, Lahore, in Writ Petition No. 3840 of 1981).
S. 6--Settlement Scheme No. VII--Constitution of Pakistan (1973). Art. 185(3)--Leave to appeal granted to consider question that Haveli in dispute could not have been included in consolidation pool and that in any case it could not have been given to any party other than petitioners because it being originally an evacuee property, was in possession of petitioners and that being so, it stood automatically transferred to them under Settlement Scheme No. VII without need for formal order in that behalf, nor there was any need for making any payment by petitioners.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the petitioners against the dismissal by the High Court of their writ petition, which had arisen out of a consolidation case. The petitioners plea was that the Haveli in question could not have been included in the consolidation pool; and that, in any case, it could not have been given to any party other than the petitioners because it being originally an evacuee property, was in possession of the petitioners. And that being so, it stood automatically transferred to them under Settlement Scheme No.VII without the need for the formal order in that behalf; nor there was any need for making any payment by the petitioners. After hearing the learned counsel, we feel that the aspect of the case highlighted by the learned counsel regarding the automatic transfer of the highlighted in dispute to the petitioners under Settlement Scheme No.VII and other questions raised in this petition require examination. Leave to appeal, accordingly, is granted. Security Rs. 5,
000. The appeal shall be heard with other similar cases regarding automatic disposal of evacuee property under Settlement Scheme No.VII, the particular: whereof shall be furnished by the learned counsel/AOR for the petitioners. The appeal shall be prepared on the present record with direction far filing of all necessary documents. M.Y.H./S‑198/S Leave granted.