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1991 SCMR 1647

Mst. CHUNAN And Others vs AYUB HUSSAIN And Other

Citation1991 SCMR 1647
CourtSupreme Court of Pakistan
Case No.Civil Petition No.332 of 1986 Writ Petition No.207/R of 1977
Date1989-09-27
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultLeave granted

ORDER

SAAD SAOOD JAN, J.---On 7-11-1964, agricultural land equivalent to 1588 Produce Index Units was proposed in the name of the respondents against their verified claim. The proposal was cancelled on 13-8-1971. On 29-8-1969, about 110 kanals of land covered by the proposal in favour of the respondents was transferred on a permanent basis to one Hafiz Ihsanullah. Consequent upon successive sales and a pre-emption suit, the petitioners became owners of the land in dispute.

2. When respondents Nos.1 to 10 learnt about the cancellation of the proposal in their favour and the transfer of part of their allotment to Harz Ihsanullah, they filed a writ petition in the High Court. A learned Single Judge accepted the writ petition and declared the allotment made to Hafiz Ihsanullah to be without lawful authority and of no legal effect. Aggrieved by the order of the High Court, the petitioners seek leave to appeal from this Court.

3. In support of this petition, it is stated that the proposal in favour of the respondents was made with reference to shares in the joint khasras without reference to any khasra number. 1n the circumstances, no means were available to the petitioner to find out that the allotment made to Hafiz Ihsanullah was illegal. This contention needs examination. Leave to appeal is granted.

Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents. If any. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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