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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD YOUSIF and another VS Respondent: PROVINCE OF SINDH and others
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Zaffar Hussain Mirza Title: MUHAMMAD YOUSIF and another vs PROVINCE OF SINDH and others Case No.: Civil Petition No, 409-K of 1989 Date of Judgment:1989-09-20 Reported As: 1990 SCMR 922 Result: Leave granted
Judgment ORDER ' DR.NASIM HASAN SHAH, J.--In a suit field before the Civil Court for a declaration and injunction to - the effect that the order passed by a Settlement Authority cancelling the allotment of land of the petitioners, by a Settlement and Rehabilitation Authority was void because it was passed after the repeal of the Displaced Persons (Land Settlement) Act, 1958 by the Evacuee Property and Displaced Persons Laws (Repeal) Act of 1975; it has been held by the High Court that such a suit is not maintainable. Hence this petition for leave to appeal. This finding prima facie, is not sustainable in view of this Court's judgments in Abdul Rauf and others v. Abdul Hamid Khan and others PLD 1965 SC 671 and Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 S C180. ' . Security Rs, 5,000. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any and placed for hearing at an early date. ' The interim order dated 20-6-1989 is confirmed.