MARDAN KHAN vs Mst. BUSHRI and others
This appeal by leave of the Supreme Court arises from a judgment of the Lahore High Court, which had allowed a constitutional petition filed by the respondents, Mst. Bushri and Mst. Naziri, setting aside the cancellation of their land allotment. The appellant, Mardan Khan, had initially approached the Settlement Authorities alleging that the respondents' allotment as successors-in-interest of Mst. Chand Bibi was fraudulent, claiming the respondents were not her daughters and that she had died in India. The Deputy Commissioner cancelled the allotment, but the High Court reversed this decision upon revision converted into a constitutional petition. Before the Supreme Court, the appellant sought to rely on an unauthenticated foreign document pertaining to mutation. The Supreme Court declined to examine the document due to its unverified authenticity and untraceable provenance, noting further that this was the appellant's second application under sections 10 and 11 of the relevant statute, a prior similar application having been dismissed in 1963. The Supreme Court held that the High Court's judgment was in accordance with law, dismissing the appeal without costs.
- Whether an unauthenticated document from a foreign jurisdiction can be examined by the Supreme Court at the appellate stage without proof of its authenticity?
- Whether successive applications under sections 10 and 11 of the Displaced Persons (Land Settlement) Act are maintainable after a prior similar application has been rejected?
- Section 10, Displaced Persons (Land Settlement) Act
- Section 11, Displaced Persons (Land Settlement) Act
1. ' GHULAM MUJADDID, J.--This appeal by Mardan Khan is by leave of this Court.
2. ' Mardan Khan laid information before the Settlement Authorities that Mst. Bushri and Mst. Naziri were not the daughters of Mst. Chand Bibi. He further alleged that Mst. Chand Bibi never came to Pakistan. She died in India. Hence the allotment obtained by the aforesaid two ladies vide Khata No,182 of RLII Register of village Wadala Sandhuan vide Mutation No,24 as successors-ininterest of Mst. Chand Bibi was the result of fraud.
3. ' Cognizance was taken by Deputy Commissioner/Additional Settlement Commissioner (I), Sialkot, who, by his order, dated 21-11-1969, cancelled the allotment of respondents Mst. Bushri and Mst.
4. Naziri.
5. ' They filed settlement revision before the Lahore High Court challenging the aforesaid order.
6. ' The revision was subsequently converted into a Constitutional petition and it was decided as such.
7. The learned Judge by means of a detailed order after considering the case of both parties found in favour of Mst. Bushri and Mst. Naziri by his judgment, dated 20-12-1974, which is impugned before this Court.
8. ' We have heard learned counsel appearing on behalf of the appellant. He wanted us to take into consideration the document Ex.PA pertaining to the mutation, brought by the appellant from India which, according to the counsel, demolished the case of the respondents.
9. ' We called upon the learned counsel to first satisfy us about the authenticity of this document but learned counsel was unable to even read the stamp on the document.
10. ' It is not known as to how, when and from where he obtained the document.
11. ' Even otherwise we do not think this is the stage where we can examine this document.
12. From the order of the High Court we find that this was second application of the appellant under sections 10 and 11 of Displaced Persons (Land Settlement) Act. Prior to this, similar application was rejected by the then Deputy Commissioner by judgment, dated 5-6-1963. This aspect was also taken note of by the High Court.
13. ' The judgment of the High Court is in accordance with law and as such calls for no interference.
14. ' The appeal is dismissed with no order as to costs.