AHMAD ALI vs ADDITIONAL SETTLEMENT COMMISSIONER And Other
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court, which allowed constitutional petitions filed by vendees of agricultural land allotted against a verified claim. The core legal question concerns the legality of resuming excess land allotted to a claimant who subsequently sold parcels of the allotted land to various vendees, and whether the last allotment or the last sale in point of time should be subjected to resumption. The Supreme Court considered prior case law regarding excess allotments and vendee protections. Granting leave to appeal, the Court held that arguable points were raised as to whether the impugned order perpetuated a manifest illegality by allowing excess allotments to be enjoyed by the allottee and those deriving interest from him. The key principle laid down is that questions concerning the proper application of resumption rules for excess land allotments among subsequent vendees warrant a detailed examination by the apex court.
- Whether excess land allotted against a verified claim should be resumed from the last allotment or the last sale in point of time?
- Can vendees who purchased land from an allottee resist the resumption of excess land found to have been allotted fraudulently or in excess?
- Does leaving an excess allotment to be enjoyed by the allottee and his vendees perpetuate a manifest illegality?
ORDER
1. SHAFIUR RAHMAN, J.--By to separate petitions leave to appeal is sought against the judgment of the Lahore High Court, Lahore, dated 30-1-1980 whereby the constitutional petitions filed by the vendees of agricultural land allotted against a verified claim was allowed.
2. One Chand Khan had got verified units and got the allotments made on three occasions. The first was on 5-4-1960 when 1734 units were allotted in Village Attari Bhoop Singh, Tehsil Chunian, District Lahore. On 3-8-1961 he got 538 units settled in another village Jajja in the same Tehsil. Finally, 235 units were got settled in village Jajja on 14-5-1966. On the information laid 489 units were found to have been allotted in excess to him. There were rounds of inquiries but this excess appeared to have been established at every stage. As the allottee sold away his allotment to different persons on different occasions it is the vendees who had been resisting the resumption of the excess land.
3. At first a principle was laid down that not the last allotment but the last sale in point of the should be alone subjected to resumption. On a petition by the vendees the learned Judge by the impugned order upholding the excess refused to permit its resumption on the strength of decision of this Court in Officer-on-Special Duty, Central Record Office and others v. Bashir Ahmad and 9 others 1977 SCMR 208.
4. The learned counsel for the petitioner submitted that the decision relied upon by the learned Judge in the High Court is not applicable to the facts of the case and that judgment has been further explained and the case of the petitioner reinforced in decisions reported as Bashir Ahmad and others v. Additional Commissioner with Powers of Settlement Commissioner (L) and others 1983 SCMR 1199 and Manzoor Hussain v. Fazal Hussain and others 1984 SCMR 1027. According to the learned counsel the impugned order perpetuates a manifest illegality is excess allotment has been left to be enjoyed by the allottee and those deriving interest from him.
5. Leave to appeal is granted. Security in the sum of Rs. 2,000. Mr. Hassan Ahmad Kanwar, Advocate admits notice for the respondents. The respondents shall not further alienate the property pending the hearing of this appeal which shall be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary.