Pakistan Case Lawโ† Search
1975 SCMR 305

YAQEENUDDIN AND OTHERS vs ABDUL MAJID AND OTHERS

Citation1975 SCMR 305
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 330 of 1974
Date1975-02-24
Judge(s)Hamoodur Rahman, Muhammad Gul, Muhammad Yaqub Ali Khan
ResultLeave granted

ORDER

' MUHAMMAD YAQUB ALI, J.-Petitioners have filed extract from the Urban Immovable Property Taxation Record which shows that the area comprised in the Madina Cotton Factory purchased by the respondent from the Settlement Department at a public uction is only 41 kanals. However, the High Court has set aside the order of the Settlement Commissioner by which the correct area of the factory was entered in the P. T.

0. Issued to the petitioners as without lawful authority. Reliance was placed on decided cases in which it has been held that only obvious error, in a P. T.

0., can be corrected but no material alteration is permissible.

It is urged that no such material alteration was made in the P. T.

0. Issued to the respondent. He had purchased the Madina Factory and the area comprised is it was only 4 kanals. However, he had encroached upon 60 kanals of agricultural land which stood transferred to the petitioners under the Land Settlement Act and absolute proprietary rights had come to be vested in him since December 1963, which could not be taken away in ancillary proceedings. In the circumstances, the insertion of the correct area of the Factory in the P. T.

0. Was, prima jack not a material alteration as held by the High Court.

' There is force in the contention raised in the petition. We grant leave to appeal. Security Rs, 1000. 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.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch