GHULAM HUSSAIN AND 3 OTHERS vs Khan MUKARAB KHAN, ADDITIONAL — 1972 SCMR 327

Citation: 1972 SCMR 327

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: GHULAM HUSSAIN AND 3 OTHERS vs Khan MUKARAB KHAN, ADDITIONAL JUDGMENT

Headnotes

Case cited as 1972 SCMR 327

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, ADDITIONAL JUDGMENT Reported As: 1972 SCMR 327 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-This petition seeks review of an order of a Bench of this Court dated the 7th of July 1971, made in Civil Appeal No. 25 of 1968. By that order, the case was remanded to the Chief Settlement Commissioner to decide it afresh after hear in, both the parties on the factual and legal position with regard to the character of the disputed land for its transfer under the settlement law. This remand was con--sidered necessary as the disputed land had been the subject of two conflicting orders by two Additional Settlement Commis--sioners. One had dealt with it and disposed it of in favour of the respondents, Shamshad A.I and others as an industrial concern under the Displaced Persons (Compensation and Rehabilitation) Act XXVIII of 1958. The other had treated it as a piece of agricultural land and transferred it under the Displaced Persons (Land Settlement) Act XLVII of 1958 in favour of the present applicants, Ghulam Hussain and others. The learned counsel for the applicants has contended that the Chief Settlement Commissioner has, in a policy decision, laid down that if there is a conflict between the authorities under the Land Settlement Act and under the Displaced Person (Compensa--petition and Rehabilitation) Act…

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