MUHAMMAD RAMZAN And Another vs SETTLEMENT COMMISSIONER (LANDS)
This civil appeal arose from a dispute concerning land measuring 93 kanals and 3 marlas in village Qila Harsukhrai, Tehsil Hafizabad, District Gujranwala. The petitioners challenged the judgment of the High Court and the order of the Settlement Commissioner (Lands). The core legal question was whether the lower forums had misread the record in reaching their decisions. Upon perusal of the record, the Supreme Court found prima facie evidence of misreading of the record. With the mutual consent of the learned counsel for both parties, the Supreme Court converted the petition into an appeal, set aside the impugned judgment of the High Court and the order of the Settlement Commissioner dated 28-5-1978, and remanded the case to the notified officer for fresh disposal on the merits after due notice and hearing to all parties in accordance with the law.
- Whether a judgment of the High Court and an order of the Settlement Commissioner can be set aside and remanded for fresh disposal on the ground of prima facie misreading of the record?
- Can a petition for leave to appeal be converted into an appeal by the mutual consent of the parties' counsel?
ORDER
S.A. NUSRAT, J.-- The dispute in this petition relates to land measuring 93 kanals and 3 marlas at Khata No.90 in village Qila Harsukhrai Tehsil Hafizabad, District Gujranwala.
2. We heard the learned counsel for the parties and after the perusal of the record found that prima facie a case of misreading of the record was made out. In the circumstances, both the learned counsel agreed that after setting aside the judgment of the learned High Court and the order of the Settlement Commissioner dated 28-5-1978, the case may be remanded to the notified officer for fresh disposal.
3. Accordingly by consent of the learned counsel, this petition is converted into appeal. The impugned judgment of the learned High Court and the order of the Settlement Commissioner are set aside and it is directed that the petitioners appeal be heard and disposed of on merits by the notified officer concerned after due notice and hearing the parties, according to law.