Transfer of Excess Land
Transfer of Excess Land legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
During pendency of suit and without proper proceedings for resumption, property transferred in favour of petitioners under Settlement Scheme No. VII
Trial Court ignoring subsequent transfer decreeing suit of respondents
Petitioners' first and second appeal dismissed
Order impugned
Plea that after transfer of property in favour of petitioners Civil Court ceased to have jurisdiction and that proper course for respondents was to have moved Settlement authorities, repelled
Property, having already been transferred in favour of respondents was not available and as such could not be settled in favour of petitioners
Petition being devoid of merits, dismissed.
Sched. read with Central Government Transfer of Excess Land Order dated 22-10-1962-Transfer of excess land-Contention that property according to Town Planner having fallen in a zone of 4 kanals residential plots petitioners entitled to at least 4 kanals of excess land-Scheme referred to having not yet been sanctioned by Government and in any case such scheme having no authority to override settlement laws, Town Planner's letter, held, of no relevance.
"Transfer of Excess Land", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15305
Precedents & Case Laws citing "Transfer of Excess Land"
1974 S C M R 8
Syed MURID HUSSAIN SHAH‑Petitioner Versus Mufti MOHAMMAD YOUSAF ALI AND ANOTHER‑Respondents
Court: High CourtP L D 2004 Supreme Court 801
Syed WAJIHUL HASSAN ZAIDI — Petitioner Versus GOVERNMENT OF THE PUNJAB and others — Respondents
Court: High Court1997 S C M R1901
Syed WAJIH‑UL‑HASSAN ZAIDI‑‑‑Appellant Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents
Court: Supreme Court of Pakistan2004 S C M R 80
SHARIF and others — Petitioners Versus MUHAMMAD HUSSAIN and others — Respondents
Court: Supreme Court of Pakistan2023 Y L R 2422
GHULAM RABBANI and others — Petitioners Versus ABDUL AZIZ and others — Respondents
Court: Peshawar (D.I. Khan Bench)P L D 1980 Supreme Court 64
P L D 1980 Supreme Court 64 Versus JAHANGIR R. RUSTOMJI AND ANOTHER-Respondents
Court: -- Ss. 2(4) & 10(2) read with Central Government Memo. No. F. 3(1)/ 60-S 1, dated 30th July 1962 as amplified by Chief Settlement Commissioner's Press Note dated 22nd October 1961 Press Note dated 16th April 1964 and Memo. No. 301-P-1-Reh. dated 9th June 1960-Transfer of evacuee premises-Excess land-Plinth area, calculation of-Constructions neither made by evacuee nor made from income of evacuee property concerned and quite severable from rest of property-Held, could not be considered as part of evacuee house as left by evacuee for purpose of calculating its plinth are,. as then existing.2005 S C M R 1918
MUHAMMAD SHABBIR and others — Petitioners Versus DEPUTY SETTLEMENT COMMISSIONER/ DEPUTY ADMINISTRATOR (RESIDENTIAL PROPERTY) FAISALABAD and 6 others — Respondents
Court: Supreme Court of Pakistan1996SCMR558
Syed WAJIH‑UL‑HASSAN ZAIDI‑‑‑Appellant Versus GOVERNMENT OF PUNJAB through D.C., Jhelum
Court: Supreme Court of Pakistan1992 C L C 798
YAR MUHAMMAD ‑‑‑Petitioner Versus SHABBIR HUSSAIN and others‑‑‑Respondents
Court: Lahore1994 S C M R 376
NOOR MUHAMMAD ARAIN and another‑‑‑Appellants Versus MUHAMMAD MUBARIK KHAN and others‑‑‑Respondents
Court: Supreme Court of Pakistan