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Petitioner: MUHAMMAD YOUSAF AND Others VS Respondent: DEPUTY SETTLEMENT COMMISSIONER (LAND) AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Karam Elahi Chauhan Title:MUHAMMAD YOUSAF AND Others vs DEPUTY SETTLEMENT COMMISSIONER
(LAND) AND Other Case No.: Civil Petition for Special Leave to Appeal No. 792 of 1976 Date of Judgment:1981-10-31 Reported As: 1982 SCMR 822 Result: Leave granted Judgment ORDER KARAM ELAHEE CHAUHAN, J.-Learned counsel for the petitioners relies on a letter contained at page 33-34 of the main original file to claim that there is no law that an informant cannot be given urban land in lieu of his rural claim. Learned counsel for the respondents refuses this construction of the aforesaid letter and on the other hand further refers to Abida Khatoon v. Mian Ghulam Shabbir, Settlement Commissioner (PLD 1964 SC 793), Muhammad Ismail v. Chief Settlement Commissioner and others (1974 SCMR 85) and Ata Elahi and others v. Muhammad Shaft and others (1972 SCMR 532) to contend that an informant has no locus standi to file a writ petition or consequently any petition for special leave to appeal, though the answer of the learned counsel for the petitioners is that here the informant had been allotted land in dispute and his aforesaid allotment has later on been cancelled on the subsequent mukhbari of Hazari Khan (respondent) and from that point of view the case in dispute is not between regular allottee but between two informers. The points raised inter alia require consideration. We grant leave to appeal. Security Rs.2,000. Status quo issued earlier to continue provided the petitioners furnish security for mesne profits from 4-9-1968 onward to the satisfaction of the Deputy Settlement Commissioner (Land), Faisalabad, within one month.
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