1990 PLP 1148 (SCMR)
SAID MUHAMMAD and others‑‑Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER/CSC (LAND) and others‑‑Respondents
| Citation | 1990 PLP 1148 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Shakurul Salam and Rustam S. Sidhwa, JJ |
| Parties | SAID MUHAMMAD and others‑‑Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER/CSC (LAND) and others‑‑Respondents |
| Primary Law | Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1148 (SCMR)?
This judgment primarily cites: Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1148 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Shakurul Salam and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1148 (SCMR) (SAID MUHAMMAD and others‑‑Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER/CSC (LAND) and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rafiq Khan Chohan, Advocate Supreme Court for Petitioners.
- Tanvir Ahmad, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the judgment and order dated 2‑2‑1988 of the Lahore High Court in Writ Petition No.117/R of 1983). ‑‑‑S.3(1)‑‑‑Evacuee property‑‑‑Purchasers for value ‑‑‑Vendee's right over purchased land as compared to informer's right‑‑‑Land allotted to original allottee was cancelled on the ground that he had secured the same on a forged and bogus claim ‑‑‑Vendees did not file constitutional petition till alter a lapse of seven years‑‑‑Supreme Court's finding recorded in Barkat Ali's case reported as 1981 S C M R 693 is also not open to question‑‑‑No grounds were made out for granting leave to appeal‑‑‑Petition dismissed. Barkat Ali v. Syed Shahzad Nazeer 1981 S C M R 693 rel.
Judgment & Decree
Barkat Ali v. Syed Shahzad Nazeer 1981 S C M R 693 rel. Muhammad Rafiq Khan Chohan, Advocate Supreme Court for Petitioners. Tanvir Ahmad, Advocate‑on‑Record for Respondents. RUSTAM S. SIDHWA, J.‑-This is a petition filed by Said Muhammad and other petitioners, seeking leave to appeal against the judgment of the High Court dated 2‑2‑1988.
2. The only question in this case is whether the petitioners, who are purchasers for value of part of the land allotted and confirmed in favour of Muhammad Shafi, which later was cancelled on the Mukhbari of Shah Din respondent No.3 and Muhammad Bashir (not a party in the present proceedings), has a right to purchase the same under section 3(1) of the Evacuee Property and Displaced Persons (Repeal) Act of 1975.
3. The land of Muhammad Shafi was cancelled by the Additional Settlement Commissioner on 4‑11‑1976 on the ground that the allottee had secured the same on a forged and bogus claim. The petitioners did not file writ' petition till 10‑3‑1983, after a lapse of seven years. The finding that the vendee had no preferential claim over the informer, in view of the decision of this Court in Barkat Ali v. Syed Shahzad Nazeer 1981 S C M R 693, is also not open to question. Taking all circumstances into consideration we find no good grounds for granting leave. This petition is, therefore, dismissed. AA./S‑534/S Petition dismissed.