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1991 SCMR 1550

AHMAD DIN vs ALLAH RAKHA

Citation1991 SCMR 1550
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.7 of 1986 W.P. No. 1157/11
Date1989-06-10
Judge(s)Ghulam Mujaddid Mirza, Dr. Javed Iqbal
ResultLeave granted

ORDER

1. GHULAM MUJADDID, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 30-1I-1985 whereby Constitutional petition filed by him was dismissed. The sole contention raised by the learned counsel, for the petitioner was that the Settlement Commissioner was bound under the law to decide the case himself rather than to send it to the Deputy Settlement Commissioner. In support of the aforesaid contention learned counsel relied on the case of Ahmad Din v. Bashir Ahmad and others (PLD 1979 Lah. 330).

2. The point raised by the learned counsel requires detailed examination. We accordingly grant leave to appeal just to examine this very legal proposition. Security Rs.5,000. Appeal to be made ready on the present record. Parties, if they so wish, may file additional documents within a month. Status quo with regard to possession to continue.

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