RAB NAWAZ and others vs Lt.Col. Raja SHAUKAT MAHMOOD and another
This matter concerns a petition for leave to appeal against an order of the High Court, which dismissed the petitioners' Intra-Court Appeal in a land settlement dispute. The core legal question was whether the High Court erred in its determination that the petitioners' predecessor-in-interest, one Hari Singh, had already received his full entitlement of land units, thereby precluding further allotment in the village of Sahjra. The Supreme Court reviewed the petitioners' contentions regarding the calculation of the predecessor's P.I. Units. Upon consideration, the Court found no legal error in the High Court's reasoning, which concluded that the predecessor's total entitlement had been satisfied by prior allotments in Dehh Punnun. Consequently, the Supreme Court held that the High Court's dismissal of the appeal was justified. The key principle affirmed is that where a party's total land entitlement has been fully satisfied through verified claims in a specific area, they are not entitled to further allotments elsewhere, and appellate courts will not interfere with factual findings regarding unit satisfaction absent a demonstrable legal error.
- Can a party seek further land allotment if their total entitlement in P.I. Units has already been satisfied by prior allotments?
- Does the dismissal of an Intra-Court Appeal by the High Court regarding land settlement require interference if no legal error is demonstrated?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--The petitioners' Intra-Court Appeal arising out of a land settlement case, having been dismissed by the High Court, leave to appeal has now been sought.
2. ' The impugned order reads as follows:-- "The appellants are purchasers from one Hari Singh, whose total entitlement comes to 1316 units including all kinds of Beshis. Land equivalent to 1323 P.I. Units has already been allotted to them in Dehh Punnun, for which village his claim was verified. This being so, Hari Singh could not be allotted any land in Sahjra. The appeal is, therefore, without any merit and is hereby dismissed in limine."
3. After hearing the learned counsel who tried to show that the assumption made by the High Court regarding satisfaction of the petitioners P.1. Units, was not correct, we are not satisfied on the point that the High Court's judgment suffers from any legal error. Leave to appeal, therefore, is refused.