Syed ABDUS SALAM vs THE WEST PAKISTAN PROVINCE (THROUGH COLLECTOR, — 1971 SCMR 481

Citation: 1971 SCMR 481

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Syed ABDUS SALAM vs THE WEST PAKISTAN PROVINCE (THROUGH COLLECTOR, JUDGMENT

Headnotes

Case cited as 1971 SCMR 481

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:Syed ABDUS SALAM vs THE WEST PAKISTAN PROVINCE (THROUGH COLLECTOR, JUDGMENT Reported As: 1971 SCMR 481 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The khata in dispute was confirmed in the name of the petitioner, and an appeal was preferred against this confirmation by respondents 4 to S, which was rejected by the A. D. C., Lyallpur, on the 7th of September 1963. However, on the 2nd of July 1965, the Chairman, Allotment Committee, exercising his powers as the Deputy Settlement Commissioner, Lands, cancelled this khata from the allotment of the petitioner, and made it over to respondents Nos. 2 and 3 by the following order :- "According to the report of the patwari, the claim form has been inspected. The entire Fard Haqiat has been cancelled from the Central Record Room. The right-holder is not entitled to obtain any area in lieu thereof. The confirmed area of this khata is being cancelled, as the right-holder is not entitled to get any area. The khata is cancelled." The petitioner challenged this order in civil Court at Lyallpur to obtain a declaration that this order is illegal and without jurisdic--tion. The suit was dismissed by the trial Court, and so were the appeal and the revision brought before the District Judge and the High Court respectively, leading to this petition for special leave to appeal. As the petitioner was left with no entitlement…

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