| Case ID |
3d6fc450-6a98-420f-8bd9-06aece6bdd02 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 49 of 1985 |
| Decision Date |
Feb 25, 1989 |
| Hearing Date |
Feb 25, 1989 |
| Decision |
The Supreme Court of Pakistan reviewed the dismissal by the High Court of a writ petition regarding the consolidation of land holdings. The primary issue was whether the petitioner had surrendered the land, which was 4 Kanals 10 Marlas, through a statement recorded by the Assistant Consolidation Officer. The Court agreed with the High Court's finding that the petitioner had indeed made such a statement. Consequently, the Court found no justification for granting leave to appeal and refused the petition. The decision underscores the importance of factual evidence in land consolidation cases and the role of the High Court's assessment in determining the outcome. |
| Summary |
This case revolves around the legal principles of land consolidation as stipulated in the West Pakistan Consolidation of Holdings Ordinance, 1960, and the Constitution of Pakistan, 1973. The Supreme Court of Pakistan, in its decision dated February 25, 1989, examined whether the petitioner, Ghulam Rasool, had surrendered his land as per the legal requirements. The Court's ruling reflects a critical analysis of factual evidence and the High Court's previous findings. The case highlights the procedural aspects of land consolidation and the judicial scrutiny involved in such matters, emphasizing the necessity for clear documentation in property disputes. The decision is significant for practitioners in the fields of land law and constitutional law, providing insights into the judicial approach towards factual determinations in consolidation cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
USMAN ALI SHAH
|
| Lawyers |
Ch. Mushtaq Ahmad Khan
|
| Petitioners |
GHULAM RASOOL
|
| Respondents |
MEMBER (CONSOLIDATION), BOARD OF REVENUE, PUNJAB
|
| Citations |
1989 SLD 1509,
1989 SCMR 1163
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Consolidation of Holdings Ordinance, 1960
|
| Sections |
185(3),
6
|