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Petitioner: DINAR WALI KHAN And Others VS Respondent: REHMAN DEYAR And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: DINAR WALI KHAN And Others vs REHMAN DEYAR And Other Case No.:Civil Petitions for Leave to Appeal Nos.85-P and 91-P of 1987 Writ Petition
No.454 of 1981 C.P. No.85 of 1987 C.P. No. 81-P of 1987 Date of Judgment:1990-03-26 Reported As: 1991 SCMR 1660 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought in these two petitions by both the opposite sides in a dispute regarding claim of ownership of land within the area of erstwhile State of Chitral. Both the parties were claimant for declaration of ownership in their respective favour. An Additional Deputy Commissioner declared the property by an order in 1975, as the State property and not belonging to any of the present parties. The Federal Land Commission gave a verdict in favour of the petitioners in C.P. 85-P of 1987 to the extent of half of the property. The petitioners in the other petition failed. A review petition under the changed law came up before the Chairman, Tribunal Land Disputes Swat and Chitral did not result in any material change. The writ petition filed by one side; namely, the petitioners in C.P. 91-P of 1987 in the High Court was dismissed. The learned Judges of the Division Bench, however, while dismissing the said Writ Petition also held that the relief given to the other side (petitioners in C.P. 85-P of 1987) was unjustified. Thus both the parties felt aggrieved and they have sought leave to appeal. After hearing the learned counsel for the petitioners in C.P. 91-P of 1987 and Mian Muhammad Ajmal, ASC, who was present to seek adjournment in C.P.85-P of 1987 on behalf of Qazi Muhammad Anwar the learned counsel appearing therein, we consider it a fit case to examine: whether, the High Court could have in its writ jurisdiction deprive the petitioners in C.P. 85-P of 1987 of the advantage which they had gained from the lower forums. The other questions raised in these petitions also require examination. Leave to appeal, accordingly, is granted in both of them. Security Rs.5,000 in each case.