GHULAM HUSSAIN AND 3 Others vs KHAN MUKARAB KHAN AND 3 Other — 1974 SCMR 365

Citation: 1974 SCMR 365

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-06

Parties: GHULAM HUSSAIN AND 3 Others vs KHAN MUKARAB KHAN AND 3 Other

Headnotes

Case cited as 1974 SCMR 365

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: GHULAM HUSSAIN AND 3 Others vs KHAN MUKARAB KHAN AND 3 Other Case No.: Civil Appeal No. 25 of 1961 Date of Judgment:1971-07-06 Reported As: 1974 SCMR 365 Result: Case remanded JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The subject-matter of this appeal, by special leave, is a piece of land measuring 24 kanals and 10 marlas comprised in Killas Nos. 3, 4/1, 7/1 and 8/2 in square No. -1 of Chak No. 122/J. B. In Tehsil Lyallpur. The appellants were operating a tannery on this land since before 1933, when it was provisionally allotted to them. It was transferred in their favour in May 1961, by the then Additional Settlement Commissioner, Mr. Abdul Majid Khan, vide his orders dated the 22nd of May, 1961 (Copy Annexure 'H') under the Displaced Persons (Com--pensation and Rehabilitation) Act of 1958, in lieu of their verified claim for a tannery abandoned by them in Bharat. However, a few months earlier in January 1961, the same land having been treated as agricultural land was confirmed in favour of respondents 2 to 4 by an Assistant Rehabilitation Commissioner. The appellants challenged this order in appeal and revision before the Settlement authorities, which were unsuccessful. A writ petition filed by them in the High Court has also failed, leading to the present appeal by special leave. The learned Judges of the High Court have taken the view that the property in dispute was…

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