| Case ID |
1a157c8a-d453-48a4-8a62-9b73d344b72a |
| Body |
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| Case Number |
Writ Petition No. 180-R of 1981 |
| Decision Date |
Dec 01, 1993 |
| Hearing Date |
Dec 01, 1993 |
| Decision |
The Lahore High Court dismissed the writ petition challenging the order of the Additional Settlement Commissioner which had refused to cancel the allotments made in favor of the respondents under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. The court found that the petitioners were not entitled to file a second Mukhbari application for the same cause of action since the matter had been previously adjudicated. The court held that the allotments to the heirs of the deceased claimant Noor Khan were justified and not in excess of the legitimate claims as determined by prior enquiries. The ruling emphasized that the earlier decision was comprehensive, involving extensive testimony and documentary evidence. The petitioners' claim of misdirection regarding the powers of review was also rejected. The court concluded that the respondents were permanently settled on the disputed land and there were no grounds to unsettle them without just cause. |
| Summary |
The case revolves around the interpretation and application of the Displaced Persons (Land Settlement) Act, 1958, specifically concerning the allotment of land to the heirs of Noor Khan, who passed away in December 1947. The Lahore High Court affirmed the decision of the Additional Settlement Commissioner, which had ruled that the allotments in favor of Noor Khan's legal heirs were valid. The court noted that the petitioners attempted to file a second Mukhbari application on the same grounds as a previous case, which had already been thoroughly examined and dismissed. The ruling highlighted the importance of legal finality and the provisions under the relevant laws that restrict repeated applications for the same claims. The court underscored that the heirs had been correctly allotted land based on their rightful entitlements, and no evidence indicated any excess allotments. This case emphasizes the legal principles surrounding land settlement for displaced persons, the authority of settlement commissioners, and the procedural integrity of prior adjudications in land disputes, making it a significant reference in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAIKH ABDUL MARIAN, J
|
| Lawyers |
Khan Khuda Dad Khan,
Hasnat Ahmad Khan
|
| Petitioners |
4 others,
MUHAMMAD MUMTAZ-ULISLAM
|
| Respondents |
11 others,
ADDITIONAL SETTLEMENT COMMISSIONER (LAIC),
CHIEF SETTLEMENT COMMISSIONER, PUNJAB
|
| Citations |
1994 SLD 1066,
1994 CLC 1597
|
| Other Citations |
Dahla v. Settlement Commissioner (Lands) and others 1983 SCMR 1039,
Aminullah and 2 others v. Oalandar Khan and 4 others 1993 SCMR 2307
|
| Laws Involved |
Displaced Persons (Land Settlement) Act,
Evacuee Property and Displaced Persons Laws (Repeal) Act
|
| Sections |
10,
11,
2(2)
|