MUHAMMAD NAJIBULLAH KHAN vs GOVERNMENT OF PAKISTAN AND 3 Other — 1970 SCMR 99

Citation: 1970 SCMR 99

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD NAJIBULLAH KHAN vs GOVERNMENT OF PAKISTAN AND 3 Other

Headnotes

Case cited as 1970 SCMR 99

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD NAJIBULLAH KHAN vs GOVERNMENT OF PAKISTAN AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 247 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 99 Result: Leave refused Judgment JUDGMENT HAMOODURRAHMAN, J.-The petitioner in this case is a dis--placed person from Muradabad (U. P.), India. The petitioner on migration to Pakistan was allotted certain lands in the districts of Mardan and Bannu under sections 15 and 16 of the Displaced Persons (Land Settlement) Act, 1958. These lands were subsequently confirmed in his favour and entered in the R. L. 11 Register. But after the promulgation of the Martial Law Regulation No. 89 on the 23rd of August 1961, his entitlement certificates, QPR-V Forms and allotment orders were all cancelled and his entitlement was scaled down in accordance with the pro--visions of the aforementioned Martial Law Regulation. He was directed to surrender the excess lands held by him between the 31st of October 1961 and the 31st of December 1961, but posses--sion was not taken immediately, as Sharif crops and sugar-cane crops were still standing on the land. On the 28th of December 1961, however, the West Pakistan Government in whom the excess lands vested by virtue of the provisions of the Martial Law Regulation No. 89, offered the same for sale to various categories of persons, including the…

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