SHER MUHAMMAD vs THE CHIEF SETTLEMENT COMMISSIONER AND Other — 1971 SCMR 339

Citation: 1971 SCMR 339

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: SHER MUHAMMAD vs THE CHIEF SETTLEMENT COMMISSIONER AND Other

Headnotes

Case cited as 1971 SCMR 339

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: SHER MUHAMMAD vs THE CHIEF SETTLEMENT COMMISSIONER AND Other Case No.:Civil Petition for Special Leave to Appeal No. 16 of 1971 Revision No. 261 of JUDGMENT Reported As: 1971 SCMR 339 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner had, it appears, obtained an allotment of 386 kanals of land in village Sahu Bhallu, Tehsil Narowal, District Sialkot, but on the complaint of one, Allah Rakha, the Additional Settlement Commissioner exercising delegated powers under sections 10 and it of the Displaced Persons (Land Settlement) Act, 1958, on the 3rd of October 1970, cancelled 355 kanals from his khata. He was, however, allowed to retain 31 kanals and 8 marlas is lieu of his actual entitlement of 169 produce index units. The petitioner then went up to the High Court in revision against the said order under section 21 of the above-mentioned Act. His first contention before the High Court was that the Additional Settlement Commissioner had not been delegated the powers of the Chief Settlement Commissioner under sections 10 and 11 of the said Act but this was found to be incorrect, as such delegation had, in fact, been made by a notification issued on the 16th of July 1970. It was next contended on his behalf that he had a verified claim for 260 bighas and 12 biswas which was equivalent to 732 produce index units. But the High Court after calling for the original…

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