Pakistan Case Law
1989 SCMR 1762

BUNYAD ALI vs MEMBER (SETTLEMENT AND REHABILITATION)/CHIEF

⭐ Prefer in Google
Citation1989 SCMR 1762
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 428 of 1982
Date1988-11-06
Judge(s)Nasim Hasan Shah and Chulam Mujaddid
Authored byGhulam Mujaddid
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

Bunyad Ali filed a petition for leave to appeal against the judgment of the Lahore High Court, which had dismissed his Constitution petition concerning an allotment and sale dispute. The core legal question was whether the petitioner's mukhbari application fell within the purview of section 14 (1-A) of the Displaced Persons (Land Settlement) Act, thereby giving him the authority to challenge the sale in favour of the respondents, given that prior information regarding the allegedly illegal and fraudulent allotment had already been laid before the Department by another individual. The Supreme Court held that the High Court's findings were in accordance with law, noting that the petitioner's case was not covered by the aforementioned statutory provision and he lacked authority to challenge the transaction. Consequently, the Supreme Court dismissed the petition, affirming the principle that a subsequent informant cannot maintain a challenge under section 14 (1-A) when prior information has already been laid before the department by another party.

Questions settled in this judgment
  • Whether a subsequent informant can maintain a challenge under section 14(1-A) of the Displaced Persons (Land Settlement) Act when prior information regarding an illegal allotment has already been laid before the Department by another person?
  • Does a petitioner have the authority to challenge a property sale in favor of respondents if their case is not covered under section 14(1-A) of the Displaced Persons (Land Settlement) Act?
Laws & provisions referred
  • Section 14(1-A), Displaced Persons (Land Settlement) Act 1958
leave to appealmukhbari applicationillegal allotmentfraudulent allotmentconstitutional petitionDisplaced Persons (Land Settlement) Act

ORDER

1. ' GHULAM MUJADDID, J.-- Bunyad Ali son of Lal Khan seeks leave to appeal against the judgment of Lahore High Court dated 15-24982 whereby the Constitution petition filed by him was dismissed.

2. Learned Judge of the High Court after discussing the factual position and examining the merits of the case observed, "....The petitioner filed the mukhbari application on 25-8-1970 when the information as to the illegal and fraudulent allotment of Muhammad Aziz had already been laid before the Department by Dilawar Hussain, on 7-2-1967." It was further observed that the case of the petitioner was not covered by section 14 (1-A) of the Displaced Persons (Land Settlement) Act and as such he had no authority to challenge the sale in favour of the respondents.

3. ' These findings of the learned Judge being in accordance with law call for no interference. The petition is dismissed.

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