GHULAM NABI vs NOOR MUHAMMAD AND OTHERS — 1984 SCMR 578

Citation: 1984 SCMR 578

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-09

Parties: GHULAM NABI vs NOOR MUHAMMAD AND OTHERS

Headnotes

Case cited as 1984 SCMR 578

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: GHULAM NABI vs NOOR MUHAMMAD AND OTHERS Case No.: Civil Petition for Special Leave to Appeal No, 219 of 1970 Date of Judgment:1970-12-09 Reported As: 1984 SCMR 578 Result: Petition dismissed JUDGMENT JUDGMENT ' SAJJAD AHMED JAN, J.-This petition for special leave to arises out of the dismissal of a revision petition filed by the petitioner in the High Court, under section 21 of the Land Settlement Act, against the order of the Chief Settlement Commissioner, rejecting his application, under sections 10 and 11 of the same Act, for cancellation of the land allotted to respondent No,. 5, Mst. Maryam Bibi, in village Sian. The contention made on behalf of the petitioner was that being a sitting allottee in the aforesaid village, he had a preferential right to the allotment of the land, as against the aforesaid respondent, whose claim, according to him, had not been validly transferred to that village. The learned Judges of the High Court have observed that sections 10 and 11 of the Displaced Persons (Land Settlement) Act were not attracted to the case, as it was not shown that the respondent had obtained the land in question fraudulently in excess of her entitlement, nor was the land in question in her name ever cancelled by any competent person, to give a locus standi to the petitioner to its allotment. It is rightly pointed out in the High Court's order that according to the…

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