MUHAMMAD YOUSUF vs THE ADDITIONAL DEPUTY COMMISSIONER — 1972 SCMR 613

Citation: 1972 SCMR 613

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD YOUSUF vs THE ADDITIONAL DEPUTY COMMISSIONER JUDGMENT

Headnotes

Case cited as 1972 SCMR 613

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:MUHAMMAD YOUSUF vs THE ADDITIONAL DEPUTY COMMISSIONER JUDGMENT Reported As: 1972 SCMR 613 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal, by special leave, is from the order of a Division Bench of the former High Court of West Pakistan, Peshawar Bench, dismissing the appellant's Constitution petition under Article 98 of the late Constitution of 1962. The dispute between the parties is in respect of three joint holdings of agricultural land situated in village Daman Afghani, Tehsil and District Peshawar. Respondent No. 3 Habibur Rehman claimed to be a co-sharer of the holdings along with the appellant and respondents Nos. 6 to 32. Respondent No. 3 moved three applications before respondent No. 1 the Collector, Peshawar, under paragraph 24 of the Martial Law Regulation No. 64 called the West Pakistan Land Reforms Regulation (hereinafter called `the Regulation') for nomination of one of the co-sharers to manage all the joint holdings. The Collector, however, instead of nominating one of the co-sharers as Manager of the joint holdings, purported to act on the letter of the Land Commission, dated the 30th August 1966 (this appears at page 20 of the paper-book) and by his order dated the 20th June 1968, directed, inter alia, that the joint holdings might be leased out to the highest bidders from amongst the co- sharers for a period of one year…

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