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Petitioner: MUHAMMAD YASEEN VS Respondent: DEPUTY SETTLEMENT COMMISSIONER
1988 S C M R 42
1988 S C M R 42
Present: Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ
MUHAMMAD YASEEN--Petitioner
versus
DEPUTY SETTLEMENT COMMISSIONER and others--Respondents
Civil Petition for Special Leave to Appeal No. 206 of 1981, decided on 4th August, 1987.
(From the order of the High Court dated 13-12-1980 passed in W.P.89-R/75/BWP).
Displaced Persons (Land Settlement) Act (XLVII of 1958)--
---S. 12--Constitution of Pakistan (1973), Art. 185(3)--Land settlement--Indivisible property jointly occupied--Such occupation made basis for transfer-Validity of transfer unsuccessfully challenged in writ petition--Leave to appeal granted to examine whether Deputy Settlement Commissioner had not violated law in making the area occupied by parties the basis for transferring that portion of property which was held to be indivisible and jointly occupied by petitioner and two others, ignoring altogether the seniority in possession or the possibility of joint transfer.
Ch. Asghar Ali Bhatti Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.
S.M. Tayyub, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Respondents Nos. 2 and 3.
Date of hearing: 4th August, 1987.
ORDER
SHAFIUR RAHMAN, J.-- Leave to appeal is granted to examine whether the Deputy Settlement Commissioner had not violated the law in making the area occupied the basis for transferring that portion of the property which was held to be indivisible and jointly occupied by the petitioner and two others ignoring altogether the seniority in possession or the possibility of joint transfer.
2. Mr. S.M. Tayyub, Advocate, the learned counsel for the caveator contends that the correct principle i.e. seniority in possession is reflected in the report of the Settlement Inspector and on that basis too, the respondents qualify for the transfer of the property.
3. As that standard has been ignored by the learned D.S.C. and he has adopted a standard of his own, the effect of such a departure has to be determined.
4. Security in the sum of Rs.2,000.
M.I./M-220/S Leave granted.