NAWAZA vs THE ADDITIONAL SETTLEMENT AND REHABILITATION — 1970 PLD 39

Citation: 1970 PLD 39

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: NAWAZA vs THE ADDITIONAL SETTLEMENT AND REHABILITATION JUDGMENT

Headnotes

Case cited as PLD 1970 Supreme Court 39

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan Title:NAWAZA vs THE ADDITIONAL SETTLEMENT AND REHABILITATION JUDGMENT Reported As: PLD 1970 Supreme Court 39 Result: Case remanded Judgment JUDGMENT M. R. KHAN, J.-----This appeal, by special leave, is from the judgment of a Letters Patent Bench of the High Court of West Pakistan at Lahore, arming the decision of a learned Single Judge of that Court in a writ petition, whereby the order of the Assistant Rehabilitation Commissioner of Gujrat, dated the 29th May 1960, confirming certain agricultural lands in village Majra, District Gujrat, in favour of the appellant was quashed. The dispute in respect of two said lands arose in the following circumstances:- The appellant Nawaza and the respondents' predecessor-in---interest Faiz Muhammad were displaced persons. The appellant claimed to have abandoned in Patiala State, India, his self- acquired 115 Bighas of lands. Besides, he claimed to have owned 46 bighas and 4 biswas of ancestral lands in that State. With regard to both the self-acquired and ancestral lands, he submitted Claim No. 2126 which was duly verifed on the 26th July 1950. In lieu of the said 115 bighas of lands, he was allotted lands in village Sarojada in the District of Gujrat on the 27th August 1953. His claim in respect of the ancestral lands remained unsatisfied. Accordingly, he made an application on the 21st March 1-960, for the transfer of his said…

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