Syed MAHMUD ALAM vs Syed MEHDI HUSSAIN AND 2 Other — 1970 PLD 6

Citation: 1970 PLD 6

Court: Lahore High Court

Year: 1968

Decision Date: 1968-10-08

Parties: Syed MAHMUD ALAM vs Syed MEHDI HUSSAIN AND 2 Other

Headnotes

Case cited as PLD 1970 Lahore 6

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Sardar Muhammad Iqbal Title: Syed MAHMUD ALAM vs Syed MEHDI HUSSAIN AND 2 Other Case No.: Writ Petition No. 309-R of 1966 Date of Judgment:1968-10-08 Reported As: PLD 1970 Lahore 6 Result: Q. JUDGMENT JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This order will dispose of the reference made in Writ Petition No. 309/11 of 1966 and Writ Petitions Nos. 319/11 of 1967, 320/11 of 1967 and 386/11 of 1967. The reference has been made by a learned Single Judge of this Court (as he then was) Sajjad Ahmad, J. To answer the following question :- "Whether the relevant authority acting under the Land Settlement Act in an appeal filed under section 18 of that Act could condone the delay in the filing of the appeal, in the absence of any express provision in the Act itself to allow such extension and section 5 of the Limitation Act not having been made applicable." The facts in Writ Petition No. 309/11 of 1966, out of which this reference arose, are narrated in the next paragraph. 2. Syed Mahmood Alam, the petitioner was confirmed land in mauza Bhule Dasanawal, Tehsil Ferozewala, District Sheikhupura, by an order, dated the 28th of January 1964. Syed Mehdi Hussain, respondent No. 1, challenged that order by means of an appeal which was accepted and the allotment in favour of the petitioner was set aside by the order of the Deputy Settlement Commissioner, dated the 27th of November 1964 ; on the ground that the respondent was a sitting…

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