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1970 SCMR 284

Sh. FAZAL AHMAD vs ABDUL HAKIM AND 3 Other

Citation1970 SCMR 284
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 145 of 1969 L. P. A. No. 246 of
Date1969-10-23
Judge(s)Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan
ResultLeave refused

ORDER

1. MUHAMMAD YAQUB ALI, J.-The petitioner purchased a saltpetre factory situated in Sargodha Town comprising an area of I I kanals of land at an auction held by the Settlement authorities for Rs.

2. 77,000. Later on, he laid claim to the transfer of the site of the adjoining factory also on the assertion that the area of the factory sold to him was mentioned, in the P. T. D. As 16 kanals. The Settlement authorities promptly rejected this exaggerated claim and the High Court has declined to interfere with their orders in writ jurisdiction.

3. It was not disputed before the Letters Patent Bench of the High Court that the area purchased' by the petitioner was 11 kanals, but it was contended that once a P. T. D. Was issued in respect of 16 kanals of land the Settlement authorities did not have the authority to amend its terms and reduce the area men--tioned in it to 11 canals. The plea was wholly devoid of force as it was a case of clerical mistake in the P. T. D. And the authority making it had the power to amend it. In any case, the P. T. D. Did not entitle the petitioner to the site of the adjoining factory.

4. The petition for leave to appeal is thus wholly without any merit and is dismissed hereby.

Cited by 1 case

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