MUHAMMAD YAR AND 2 OTHERS vs CHIEF LAND COMMISSIONER, WEST — 1971 PLD 879

Citation: 1971 PLD 879

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD YAR AND 2 OTHERS vs CHIEF LAND COMMISSIONER, WEST JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 879

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah, Karam Elahi Chauhan Title:MUHAMMAD YAR AND 2 OTHERS vs CHIEF LAND COMMISSIONER, WEST JUDGMENT Reported As: PLD 1971 Lahore 879 Result: Petition partly accepted Judgment JUDGMENT K. E. CHAUHAN, J.--It is not necessary to give lengthy details and the stages through which the litigation between the parties passed in view of the order which we are proposing to pass in this case. It will be sufficient to state that by means of his order, dated 17-11-1965, the Deputy Land Commissioner allowed the respondent No, 3 to retain an area of ten kanals and ten marks of land as an "orchard" under para. 9(e) of the Land Reforms Regulation No, 64 (hereinafter called the Regulation). The petitioner who was a purchaser during the interregnum when the case of respondent No, 3 was pending before the Land Commissioner Authorities (the details of which litigation we have avoided to mention but which fact is otherwise admitted), filed a revision against the said order, which was heard by Mr. Abu Nasr, the Chief Land Commissioner. The Chief Land Commissioner dismissed that revision as time-barred but then proceeded to invoke his suo motu revisional jurisdiction in order to examine the legality and propriety of the order impugned before him. Proceeding in that way, he referred to paragraph 70, which is printed at page 57 of the Book "Land Reforms in Pakistan", Volume I. This para. reads as follows :- "70. Cases came to notice in which…

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