SAIFUR RAHMAN AND 2 Others vs A. H. KHAN NIAZI AND Another — 1971 SCMR 279

Citation: 1971 SCMR 279

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-21

Parties: SAIFUR RAHMAN AND 2 Others vs A. H. KHAN NIAZI AND Another

Headnotes

Case cited as 1971 SCMR 279

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: SAIFUR RAHMAN AND 2 Others vs A. H. KHAN NIAZI AND Another Case No.: Civil Appeals Nos. 197 and 198 of 1969 Writ Petition No. 224/R of 1967 Date of Judgment:1971-01-21 Reported As: 1971 SCMR 279 Result: Appeals dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-These two appeals arise out of a judgment of a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat, whereby two Writ Petitions Nos. 224-R and 893 of 1967 under Article 98 of the Constitution of 1962 were disposed of. Both these two petitions in the High Court were filed by the present appellants to challenge the legality of two orders passed by Mr. A. H. Khan Niazi in his capacity of Settlement Commissioner (Lands) and Additional Commissioner (Revenue), Multan Division, respectively, on the 3rd of March 1967, in the exercise of his review jurisdiction. The appellants, who are displaced persons from Ludhiana, settled after migration to Pakistan in Chak No. 19/9-R, Tehsil Khanewal, District Multan, which was Crown land reserved for criminal tribesmen, in occupation of Hindu settlers who had migrated to India. In 1949, the appellants' claim was that they were allotted Killa No. 20 in square No. 44 and Killas Nos. 16 to 25 in square No. 45 in this Chak, by the Rehabilitation Department. They brought the lands, which were uncultivable at the time, under cultivation, grew trees,…

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