SCMR 1989

1989SCMR782 (PLP)

BASHIR AHMAD — Petitioner Versus DEPUTY COMMISSIONER and 9 others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition No.994 of 1985, decided on 16thAugust, 1988.
Honorable Judges
Saad Saood Jan and Ali Hussain Qazilbash, JJ
Case Reference Summary (AEO Optimized)
Citation 1989SCMR782 (PLP)
Forum / Court High Court
Bench Members Saad Saood Jan and Ali Hussain Qazilbash, JJ
Parties BASHIR AHMAD — Petitioner Versus DEPUTY COMMISSIONER and 9 others — Respondents
Primary Law Displaced Persons (Land Settlement) Act (XLVII of 1958)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989SCMR782 (PLP)?

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 1989SCMR782 (PLP)?

The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ali Hussain Qazilbash, JJ.

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

Cite this legal precedent as: 1989SCMR782 (PLP) (BASHIR AHMAD — Petitioner Versus DEPUTY COMMISSIONER and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Displaced Persons (Land Settlement) Act (XLVII of 1958)

Representation

  • Ch. Asghar Ali Bhatti, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner.
  • Nemo for Respondents.
  • Date of hearing: 16th August, 1988.
  • Ch. Asghar Ali Bhatti, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(From the judgment of the Lahore High Court, Bahawalpur Bench, dated 3-11-1985, passed m Writ Petition No. 206-R of 1982/BWP).

S.10--Constitution of Pakistan (1973), Art. 185(3)--Entitlement of claimants holding verified claim of rural area to transfer of urban land--Leave to appeal was granted to consider whether Urban land could be transferred to claimants holding verified claim for rural land, more so, when their possession over such land as temporary allottees was for less than five years prior to 8-12-1960.

Judgment & Decree

ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, Bahawalpur Bench, dated 3‑11‑1985.

2. The sole question to be considered in this case is whether under the relevant law the land in dispute which is urban land could be transferred to the respondents who were claimants holding verified claim for rural land, more so A when their possession over the suit land as temporary allottees was for less than five years prior to 8‑12‑1960. Leave is, therefore, granted. Security Rs. 5,

000. The appeal shall be heard on the present record with permission to the parties to tile additional documents, if any. A.A./B/82/S Leave granted.