1989 PLP 1423 (SCMR)
WALI MUHAMMAD and others Petitioners Versus MUHAMMAD NAZAR and others Respondents
| Citation | 1989 PLP 1423 (SCMR) |
| Forum / Court | ‑‑‑S.10‑‑Scrutiny of Claims (Evacuee Property) Regulation, 1961 M.L.R.89‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Allotment of excess land‑‑No order of assumption of such land having been made, allottee could not be asked to surrender the excess land‑‑Contention that merely because allottee had not vet paid a single instalment towards purchase price of the land, no formal order‑of assumption was required, repelled. |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | WALI MUHAMMAD and others Petitioners Versus MUHAMMAD NAZAR and others Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1423 (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 1989 PLP 1423 (SCMR)?
The case was heard and decided by the ‑‑‑S.10‑‑Scrutiny of Claims (Evacuee Property) Regulation, 1961 M.L.R.89‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Allotment of excess land‑‑No order of assumption of such land having been made, allottee could not be asked to surrender the excess land‑‑Contention that merely because allottee had not vet paid a single instalment towards purchase price of the land, no formal order‑of assumption was required, repelled. bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1423 (SCMR) (WALI MUHAMMAD and others Petitioners Versus MUHAMMAD NAZAR and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Nazeer Ahmad, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioners.
- Aslam Naqvi, Advocate Supreme Court (absent) for Respondents.
- Date of hearing: 30th August, 1988.
Headnotes / Summary
(From the judgment dated 1‑10‑1983 of the Lahore High Court, Lahore in W.P. No.912‑R of 1978). ‑‑‑S.10‑‑Scrutiny of Claims (Evacuee Property) Regulation, 1961 [M.L.R.89]‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Allotment of excess land‑‑No order of assumption of such land having been made, allottee could not be asked to surrender the excess land‑‑Contention that merely because allottee had not vet paid a single instalment towards purchase price of the land, no formal order‑of assumption was required, repelled.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑Attaullah Khan, father of respondents Nos. 1 and 2, was a claimant from a non‑agreed area. He was made an allotment equivalent to 8297 P.I units. Subsequently, on the promulgation of Martial Law Regulation No. 89 his allotment was reduced to 2693 P.I. units and thus he was made to surrender an area equivalent to 5734 P.I. units. He opted to purchase the surrendered area. He did not pay any instalment of the purchase price, for there were some dispute with regard to his actual entitlement and the area which was required to be surrendered. He sought extension in time for the deposit of the purchase price. Initially, an extension was granted to him but when he asked for a second extension this was refused and he was directed to surrender the land. He then invoked the Constitutional jurisdiction of the High Court. A learned Single Judge accepted his petition mainly on the ground that as no order of assumption had been made, he could not be asked to surrender the excess land. The petitioners who were cultivating the land in dispute seek leave to appeal from this Court. 2.In support of this petition it is contended that as Attaullah Khan had not paid a single instalment towards the purchase price no formal order of assumption was required. After hearing the learned counsel we are unable to accept this contention. The petition is dismissed. M.BA./W‑55/S Petition dismissed