1987 PLP 446 (SCMR)
AKHUNZADA SAEEDUL HASSAN Appellant Versus Qazi GHULAM DASTGIR through his Legal Heirs and others‑‑Respondents
| Citation | 1987 PLP 446 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, C.J., Nasim Hasan Shah Shafiur Rahman, Javid Iqbal and Ali Hussain Qazilbash, JJ |
| Parties | AKHUNZADA SAEEDUL HASSAN Appellant Versus Qazi GHULAM DASTGIR through his Legal Heirs and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 446 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 446 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, C.J., Nasim Hasan Shah Shafiur Rahman, Javid Iqbal and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 446 (SCMR) (AKHUNZADA SAEEDUL HASSAN Appellant Versus Qazi GHULAM DASTGIR through his Legal Heirs and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑Art. 185(3)‑‑Dispute over land‑‑Counsel for respondent referring to a compromise entered into by appellant and contesting respondents by which appellant had settled the dispute‑‑Son of appellant present in Court admitting his father's signature on the document‑‑Respondent also giving a statement duly authenticated by his counsel to resolve the dispute in terms of compromise‑‑Appeal disposed of in terms of compromise.
- A. Rahman Khan, Advocate Supreme Court instructed by Qasim Imam, Advocate‑on‑Record (absent) for Appellant.
- M. Sardar Khan, Senior Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate‑on‑Record for Respondents Nos. 1 and 2.
- Date of hearing: 8th December, 1986.
Headnotes / Summary
(On appeal from the judgment of the Peshawar High Court, dated 29‑4‑1980 passed in Writ Petition No. 429 of 1977). Respondents 3 to 7: Ex parte.
Judgment & Decree
M. Sardar Khan, Senior Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate‑on‑Record for Respondents Nos. 1 and
2. Respondents 3 to 7: Ex parte. Date of hearing: 8th December, 1986. JUDGEMENT MUHAMMAD HALEEM, C.J.‑‑In the High Court, the dispute a related to the ownership of land measuring 11 Chakoram situate in village Broze, Chitral, in respect of which there was a compromise between the parties on 14th of June, 1954. This compromise reflected that the appellant agreed to the retention Chakoram of land by the sons of Capt. Azizul Mulk, respondents 2 to 4 in the writ petition, while they would give up their claim to the remaining land in favour of the appellant in the appeal. The High Court accepted the compromise although the appellant disputed its genuineness 28 years after its execution; with the result that ail actions taken pursuant to the order of the Land Inquiry Commission, dated 6th of September, 1972, were declared as without lawful authority. There was also a further direction that the S.D. A., Chitral and Deputy Commissioner, Chitral, should not interfere with the possession of the petitioners namely, Qazi Ghulam Dastgir, deceased, represented now by his legal representatives and Khadim Dastgir, who are now respondents in this appeal. The respondents 2 to 4 in the writ petition also conceded before the High Court that they were not in a position to controvert the stand taken by the petitioners, who are now the contesting respondents. These respondents, in this appeal, are also ex-parte, and, therefore, not interested in the dispute as they have not taken any steps to contest the matter.' The learned counsel for the respondent has referred us to a compromise entered into by the appellant and the contesting respondents, dated 29th of May, 1980, by which he had settled the dispute. His son Ghulam Hassan was present in Court and admitted his father's signatures, on the document. Qazi Ghulam Dastgir, respondent No. 2, has given a statement duly authenticated by his counsel to resolve the dispute in' terms of the apprehension shown by Ghulam Hassan. Accordingly, the appeal is disposed of in terms of the compromise, dated 29th of May, 1980, and the statement of respondent No. 2 Qazi Ghulam Dastgir, dated 8‑12‑1986, but with no order as to costs. S.Q./4395/S Appeal disposed of in terms of compromise.