MUHAMMAD IQBAL vs THE ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE — 1971 PLD 318

Citation: 1971 PLD 318

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD IQBAL vs THE ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 318

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:MUHAMMAD IQBAL vs THE ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE JUDGMENT Reported As: PLD 1971 Supreme Court 318 Result: Appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C.J.--This appeal, by special leave, arises out of a writ petition filed in the High Court of West Pakistan, Lahore, in 1963, by the present appellant. The appellant, who was the owner of landed properties in the area of Mohallah Purannagar, Sialkot, on the 11th of March 1946, agreed to sell 8 kanals and 3 marlas of land situated Near Kothi Ganda Singh to one, Lal Singh, in consideration of a sum of Rs, 44,825. In pursuance to this agreement a sale deed was got registered on the 24th of September 1946, but out of this amount a sum of Rs, 5,000 only was paid to the appellant and the balance was kept by the vendee to be paid to the appellant when he purchased some other property. This balance amount was not paid to the appellant even up to the time of the Partition of the country when the vendee Lal Singh migrated to India. The appellant, after the coming into force of the Pakistan (Administration of Evacuee Property) Ordinance, 1949, made an application to the Deputy Custodian, Sialkot, under section 18 of the said Ordinance for a declaration to the effect that he was the owner of the land in dispute and, in the alternative, also claimed relief as a charge-holder on the land to the extent of…

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