Pakistan Case Law← Search
1991 SCMR 1891

ABDUL GHAFOOR KHAN And Others vs SETTLEMENT COMMISSIONER (LAND)

Citation1991 SCMR 1891
CourtSupreme Court of Pakistan
Case No.Civil Petition No.1078 of 1985
Date1989-09-17
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultLeave refused

ORDER

SAAD SAOOD JAN, J.---Respondents Nos.2 and 3 obtained allotment of land against their verified claims in a number of villages. Subsequently, they sold about 89 Kanals of land from their allotment in Preme Kot of Tehsil Hafizabad to the petitioners. It was later found that respondents Nos.2 and 3 had obtained excess allotment to the extent of 217 units. On their own suggestion the allotment received by them in village Preme Kot was cancelled. The petitioners who were affected by the cancellation filed a writ petition in the High Court. Their case was that the allotment received by respondents Nos.2 and 3 in village Preme Kot was prior in time to the allotments obtained by them elsewhere therefore, the allotment in the said village should not have been cancelled.

However, during the course of arguments before the High Court they did not press this point further but stated that they may be permitted to purchase the land obtained by them from respondents Nos.2 and 3. On the basis of this offer, the High Court made the following order: "In view of the above, the petitioners who claim to be purchasers for value for the last 20 years, may better apply to the relevant authorities for action under section 3 of Act XIV of 1975. If they satisfy the conditions therein, they shall be sold the land in accordance with law. The petition is accordingly disposed of."

The petitioners seek leave to appeal from the above order.

2. It is clear that the order of the High Court is based upon the position adopted by the petitioners themselves. This is therefore not a fit case for interference by this Court. Leave is refused.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search