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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SIKANDAR KHAN VS Respondent: MEMBER (COLONIES), BOARD OF REVENUE and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: SIKANDAR KHAN vs MEMBER (COLONIES), BOARD OF REVENUE and others Case No.: Civil Petition for Leave to Appeal No, 289 of 1987 Date of Judgment:1989-11-01 Reported As: 1990 SCMR 943 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's Constitutional Petition which had arisen out of transfer of proprietary rights in a piece of State land. After hearing the learned counsel from both sides, at some length, we consider it a fit case for grant of leave to appeal, inter alia, for the examination; as to whether, the High Court in fact non- suited the petitioner on grounds independent of the considerations which weighed with the Board of Revenue; whether the grant to the petitioner was governed by the 1971, 1972 or any other lease scheme; whether the original lease of the petitioner was obtained illegally; whether, he could not be granted proprietary rights in the land in dispute because of alienation of his own land in favour of his heirs; and whether, the petitioner failed to satisfy the relevant conditions. These and other related questions as also those raised in this petition require examination. Leave to appeal, accordingly, is granted. ' Security Rs, 5,000. ' The appeal shall be prepared on the present record with direction to the parties to file all those documents which would he necessary for the disposal of the appeal. ' Stay to continue subject to the furnishing of security for mesne profits from the date of the order of the High Court within one month, to the satisfaction of the Collector concerned.