MRS. SHAMSUDDIN AND 5 Others vs RIASAT ALI AND Another — 1971 SCMR 317

Citation: 1971 SCMR 317

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MRS. SHAMSUDDIN AND 5 Others vs RIASAT ALI AND Another

Headnotes

Case cited as 1971 SCMR 317

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MRS. SHAMSUDDIN AND 5 Others vs RIASAT ALI AND Another Case No.:Civil Petition for Special Leave to Appeal No. 260 of 1970 Letters Patent JUDGMENT Reported As: 1971 SCMR 317 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition is directed against an order of a Division Bench of the High Court at Lahore, passed in a Letters Patent Appeal. Respondent No. 1, Riasat Ali is a refugee from an agreed area and was `sitting allottee' while the petitioners are refugees from non-agreed areas and they applied for allotment of the disputed land later than the said respondent. It appears that respondent No. 1 had verified claim of 3,287 units. He obtained temporary allotment of land equivalent to 240 units in village Piplan, in the District of Mianwali and it was confirmed on 21-9-1951. On the 10th October 1959, more lands equivalent to 747 units in the same village were allotted and confirmed in his favour. Thus he became a `sitting allottee' in the said village. A balance of 2,300 unsatisfied units was left in favour of the respondent. Subsequently, lands equivalent to 1,350 units became available for allotment in the said village and the respondent applied for the allotment of the lands in lieu of his unsatisfied claim. One Shamsuddin, husband of petitioner No. 1, and father of the rest of the petitioners, are refugees from non-agreed areas and they too had some…

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