Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mian RASOOL SHAH and others VS Respondent: FAKHARUZZAMAN KHAN through his Legal Heirs and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title:Mian RASOOL SHAH and others vs FAKHARUZZAMAN KHAN through his Legal
Heirs and others Case No.: Civil Petition No,272-R of 1987 Date of Judgment:1988-12-17 Reported As: 1989 SCMR 815 Result: Leave to appeal granted Judgment ORDER ' NASIM HASAN SHAH, J.-- The contention of the learned counsel for the petitioners that the predecessor-in-interest of the respondents was not permitted to include the area in dispute in the amended Form LC-II (prescribed under Martial Law Regulation 64 of 1959) by the Land Commission authorities (as is evident from the order of the Land Commissioner, dated 17-7-1964 and that of the Chief Land Commissioner, Mr.I.U. Khan, dated 5-3-1965), but this was wrongly allowed to be done during the proceedings taken in connection with the implementation of these orders, pursuant to a wrong interpretation placed thereon by MrAbu Nasr - a successor Chief Land Commissioner--in his order dated 17-10-1968 appears prima facie to have force. ' The further submission that the order of Mr. Abdul Qayyum, Member Federal Land Commission dated 12-6-1976, who set aside the aforementioned erroneous order of MrAbu Nasr dated 27-10- 1968 has been wrongly interfered with by the learned Judges of the Peshawar High Court by their impugned judgment, also needs consideration. ' Leave granted. ' Security shall be furnished in the sum of Rs,10,000. ' Meanwhile the impugned judgment of the High Court dated 30-6-1987 shall remain suspended and the status quo maintained.