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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD HALEEM And Another VS Respondent: THE MODEL TOWN COOPERATIVE SOCIETY UGOKE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:MUHAMMAD HALEEM And Another vs THE MODEL TOWN COOPERATIVE
SOCIETY UGOKE Case No.:Civil Petition for Leave to Appeal No.202 of 1987 Regular Second Appeal No.800 of 1978 Date of Judgment:1989-10-31 Reported As: 1991 SCMR 1231 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiffs side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Regular Second Appeal. The petitioners have lost throughout. The case relates to the acquisition of property by the Respondent Cooperative Society. After hearing the learned counsel, at some length, even if it be be assumed that the petitioners, as argued, were the owners of the land in dispute by virtue of the direct operation of Settlement Scheme No.7, it is doubtful whether in the circumstances of this case the civil suit was competent or that the land could be treated as immune from acquisition. That being so, if at all the petitioners might be entitled to compensation in one or the other form---the learned counsel has stated that in this case the compensation can also be in the form of alternative plot of land in accordance with law and the rules of the Society. In these circumstances and with the foregoing observations we accordingly, do not consider it a fit case for grant of leave to appeal; the same, therefore, is refused.
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