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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SARDAR MUHAMMAD and others VS Respondent: MEMBER (CONS.), BOARD OF REVENUE, PUNJAB and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title:SARDAR MUHAMMAD and others vs MEMBER (CONS.), BOARD OF REVENUE,
PUNJAB and others Case No.: Civil Petition No, 470 of 1982 Date of Judgment:1988-08-02 Reported As: 1989 SCMR 308 Result: Leave granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners against the dismissal by the High Court of their writ petition, which had arisen out of a consolidation case. The petitioners' plea was that the Haveli in question could not have been included in the consolidation pool; and that, in any case, it could not have been given to any party other than the petitioners because it being originally an evacuee property, was in possession of the petitioners. And that being so, it stood automatically transferred to them under Settlement Scheme No,VII without the need for the formal order in that behalf; nor there was any need for making any payment by the petitioners. ' After hearing the learned counsel, we feel that the aspect of the case highlighted by the learned counsel regarding the automatic transfer of the Haveli in dispute to the petitioners under Settlement Scheme No,VII and other questions raised in this petition require examination. ' Leave to appeal, accordingly, is granted. Security Rs, 5,000. The appeal shall be heard with other similar cases regarding automatic disposal of evacuee property under Settlement Scheme No,VII, the particulars whereof shall be furnished by the learned counsel/AOR for the petitioners. ' The appeal shall be prepared on the present record with direction far filing of all necessary documents.