ABDUL GHANI AND 8 OTHERS vs MUHAMMAD SHARIF AND 4 OTHERS — 1969 SCMR 299

Citation: 1969 SCMR 299

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-18

Parties: ABDUL GHANI AND 8 OTHERS vs MUHAMMAD SHARIF AND 4 OTHERS

Headnotes

Case cited as 1969 SCMR 299

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Muhammad Ali Sayed Title: ABDUL GHANI AND 8 OTHERS vs MUHAMMAD SHARIF AND 4 OTHERS Case No.: Letters Patent Appeal No, 37 of 1970 Date of Judgment:1970-03-18 Reported As: PLD 1971 Lahore 53 Result: Appeal dismissed Judgment ORDER ANWARUL HAQ, J.--This appeal under clause 10 of the Letters Patent has arisen out of an order made by our learned brother Muhammad Fazle Ghani Khan, J. on the 21st of January 1970 whereby the question of the verification of the claim of the appellant has been left to be decided by the relevant Rehabilitation Settlement Authority in the light of the observations made by the learned Single Judge. It appears that as a result of the view taken by the learned Judge in Chambers the appellants would have to surrender some land in their possession as being in excess of their true entitlement. An argument was raised before the learned Judge that in view of the provisions contained in section 16 of the Displaced Persons (Land Settlement) Act, 1958 the entire area must be deemed to have been permanently settled on the appellants and no portion thereof could therefore, be taken away even though if it be in excess of their entitlement. This argument was, however, repelled by the learned Judge by relying on an unreported judgment of a Division Bench in L. P. A. 351 of 1968 (Mst. Kaniz Fatima v. S. C., Sargodha etc.), decided on 16-12-1968. 2 It is submitted by Mr. Minto that the view taken by the…

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