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1991 SCMR 1666

Mst. BILQEES BEGUM And Others vs ADDITIONAL DEPUTY COMMISSIOINER And

Citation1991 SCMR 1666
CourtSupreme Court of Pakistan
Case No.Civil Petition No.760 of 1987
Date1990-01-30
Judge(s)Abdul Shakurul Salam, Rustam S. Sidhwa
ResultLeave granted

ORDER

ABDUL SHAKURUL SALAM, J.--- Property No.P-32, Ward No.10, Sargodha Road, Faisalabad, measuring eight kanals was transferred by the Deputy Settlement Commissioner in favour of Fazal Muhammad whose heirs are the petitioners. After protracted litigation, lot of the area has been given to the numerous persons i.e. Respondents 2 to 31. Rest of the area has however been ordered to vest in the Government.

2. Learned counsel for the petitioners states that he would not like to question the transfer of the area to the respondents or anybody else and would confine his claim to the area which has been ordered to vest in the Government. It could not have been so ordered because it stood transferred to the petitioners' predecessor-in-interest long ago and there was no justification to deprive them thereof without being given to anybody else either.

3. Contention raised requires consideration. Leave is granted. Security in the sum of Rs.5,000. Status quo shall be maintained in the meanwhile. Appeal to be processed on present record. Parties may file additional documents if they so choose.

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