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Petitioner: AKBAR ALI And Others VS Respondent: Mst. RASHIDA BIBI And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Saad Saood Jan Title: AKBAR ALI And Others vs Mst. RASHIDA BIBI And Other Case No.: Civil Petition No. 164 of 1987 Writ Petition No.43/R of 1986 Date of Judgment:1987-04-29 Reported As: 1987 SCMR 1394 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.--It is submitted that the learned Judge in the High Court while depriving the petitioners of land equivalent to 130 units has placed an interpretation on the order of the Additional Settlement Commissioner dated 20-12-1969 (which was not interfered with at any stage nor even challenged by the respondents although unsuccessfully challenged by the petitioners themselves before the Settlement Commissioner, High Court and this Court), which was untenable, erroneous and unjustified. After hearing the learned counsel for the petitioners and perusing the available record, there appears, prima facie, to be force in the above submission. Security to be furnished in the sum of Rs.2,500. Appeal to be made ready on the present record with liberty to the parties to add further documents, if any. Status quo as to possession of the petitioners, to the extent of the land equivalent to 130 units to be maintained pending the disposal of the appeal.