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1990 SCMR 443

ABDUL GHAFOOR vs Haji ABDUL SALAM and others

Citation1990 SCMR 443
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1050 of 1986
Date1989-06-21
Judge(s)Ghulam Mujaddid Mirza, Muhammad Afzal Zullah
ResultLeave refused

ORDER

1. ' GHULAM MUJADDID, J.--The Constitution petition filed by Haji Abdul Salam was decided by the Lahore High Court by judgment dated 8-10-1986. The learned Judge who dealt with the petition thoroughly examined the legal propositions, merits and entitlement of the parties and then came to the conclusion that it was in the best interest of justice that the matter be remanded. The learned Judge accordingly observed:- "The question as to whether or not the petitioner failed to pay the transfer price or that his compensation hook was declared as bogus, requires an inquiry for which there is no room in these proceedings. Likewise, in view of the order which I propose to make, there is no need to give a decision on the respondents' claim that they acted in good faith and that due to the construction of the buildings the character of the property has gone under a change."

2. With the aforesaid observation, the case was remanded to the Member, Board of Revenue (Settlement Wing-revenue) for its entrustment to some officer notified under section 2(2) of Act XIV of 1975. The learned Judge further directed that the matter should be decided expeditiously in accordance with law.

3. ' There could not be a better order than this. In fact this is more in favour of the petitioner. He has not been debarred from participating in the proceedings where the whole thing shall he thrashed out in accordance with law.

4. ' We, therefore, don't agree with the learned counsel that in the instant case the remand was not called for by law.

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