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Petitioner: WALI MUHAMMAD and others VS Respondent: MUHAMMAD NAZAR and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: WALI MUHAMMAD and others vs MUHAMMAD NAZAR and others Case No.: Civil Petition No,1410 of 1983 Date of Judgment:1988-08-30 Reported As: 1989 SCMR 1423 Result: Petition dismissed
Judgment ORDER ' SAAD SAOOD JAN, J.--Attaullah Khan, father of respondents Nos. 1 and 2, was a claimant from a non-agreed area. He was made an allotment equivalent to 8297 P.1 units. Subsequently, on the promulgation of Martial Law Regulation No, 89 his allotment was reduced to 2693 P.I. Units and thus he was made to surrender an area equivalent to 5734 P.I. Units. He opted to purchase the surrendered area. He did not pay any instalment of the purchase price, for, there were some dispute with regard to his actual entitlement and the area which was required to be surrendered. He sought extension in time for the deposit of the purchase price. Initially, an extension was granted to him but when he asked for a second extension this was refused and he was directed to surrender the land. He then invoked the Constitutional jurisdiction of the High Court. A learned Single Judge accepted his petition mainly on the ground that as no order of assumption had been made, he could not be asked to surrender the excess land. The petitioners who were cultivating the land in dispute seek leave to appeal from this Court. 2. In support of this petition it is contended that as Attaullah Khan had not paid a single instalment towards the purchase price no formal order of assumption was required. After hearing the learned counsel we are unable to accept this contention. The petition is dismissed.
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