Mst. SARDAR BEGUM and others vs SETTLEMENT COMMISSIONER and others
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court dated 30-5-1982 concerning the Rehabilitation and Settlement Scheme under the Displaced Persons (Land Settlement) Act. The petitioners contended that their case was fully covered by paragraph 7 of chapter I Part II of the said scheme, an aspect which the High Court allegedly failed to consider. Finding that the contention requires examination, the Supreme Court granted leave to appeal subject to the furnishing of security, directed the appeal to be made ready on the present record, allowed the parties to file additional documents within two months, and ordered the continuation of the interim order dated 7-2-1983.
- Whether the High Court failed to advert to the legal aspect concerning paragraph 7 of chapter I Part II of the Rehabilitation and Settlement Scheme?
- Should leave to appeal be granted when a contention regarding the applicability of the Rehabilitation and Settlement Scheme requires examination?
- Civil Procedure Code 1908
ORDER
1. ' GHULAM MUJADDID, J.- Contends, inter alia, that the case of the petitioners is fully covered by para. 7 of chapter I Part II of the 'Rehabilitation and Settlement Scheme under the Displaced Persons (Land Settlement). Act, the High Court did not advert to this legal aspect.
2. ' The contention needs examination. We accordingly grant leave to appeal against the judgment of Lahore High Court dated 30-5-1982.
3. ' Security Rs, 5,000. Appeal to he made ready on the present record.
4. ' The parties if they so wish may file additional documents within two months. Interim order dated 7-2-1983 shall continue.
5. SCMR 326 ( I)
6. Present: Muhammad Afzal Zullah and Javaid Iqbal JJ SECRETARY, BOARD OF REVENUE and another--Petitioners versus KHALID AHMAD KHANRespondent Civilyetition No, 915 of 1982, decided on 7th August, 1988.
7. (On appeal from the judgment and Order dated 9-10-1982 paSsed by the Lahore High Court, Lahore, in Civil Revision No, 1358-D/82).
8. Civil Procedure Code (V of 1908) revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.