MUMREZ KHAN vs MUHAMMAD HUSSAIN and others
This matter arises from a petition for leave to appeal directed against the order of the Lahore High Court dated 30-11-1985, which dismissed the petitioner's Intra-Court Appeal. The underlying dispute relates to the cancellation and subsequent re-allotment of land originally confirmed in favor of the respondents' father, Ghulam Qadir, under the Displaced Persons (Land Settlement) Act, 1958. After various administrative proceedings and an affidavit by the competing allottee disclaiming the land, the Additional Settlement Commissioner dismissed the respondents' application. However, a learned Single Judge of the High Court accepted the respondents' writ petition, setting aside the Additional Settlement Commissioner's order and restoring the land to the respondents. A Division Bench subsequently dismissed the Intra-Court Appeal. The Supreme Court granted leave to appeal to examine the core legal question of whether the Intra-Court Appeal was competent or not, ordering security for costs and preparation of the appeal on the present record.
- Whether an Intra-Court Appeal was competent against the order of the learned Single Judge passed in the writ petition?
- Can land cancelled from the name of an allottee be restored pursuant to instructions of the Chief Settlement Commissioner?
- What is the effect of an allottee's disavowal of an allotment during settlement proceedings?
- Section 10, Displaced Persons (Land Settlement) Act 1958
- Section 11, Displaced Persons (Land Settlement) Act 1958
ORDER
1. ' S. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the order of the Lahore High Court dated 30-11-1985, whereby Intra-Court Appeal of the petitioner against the order of the learned Single Judge of the said High Court in Writ Petition No,106-R of 1977 filed by the respondents and allowed in their favour, was dismissed.
2. ' On 7-11-1961 Ghulam Qadir father of the respondents was confirmed land at R.L.II 646 in village Devidaspura, Tehsil Bhalwal, District Sargodha. The said land was under mortgage and on 10-10- 1964 it was cancelled from the name of Ghulam Qadir. On 6-11-1965 this land was shown to have been allotted to one Abdul. In the meanwhile the Chief Settlement Commissioner issued instructions that such lands were allotable and the allotments already made be restored.
3. ' The respondents filed application under section 10/11 of the Displaced Persons (Land Settlement)
4. Act, 1958 against the allotment in the name of Abdul. However, an application was made on behalf of Abdul that he had not obtained the allotment and his son being his attorney also made a statement showing his ignorance of such allotment in the name of his father. Abdul also filed an affidavit to this effect on 3-9-1976. The learned Additional Settlement Commissioner dismissed the application filed by the respondents vide his order dated 24-11-1976. Thereafter, writ petition of the respondents before the High Court was accepted and the learned Single Judge vide his order dated 8-4-1985 set aside and declared the order of the Additional Settlement Commissioner without lawful authority and of no legal effect and the land was restored and confirmed in the names of the respondents. The petitioner filed Intra-Court Appeal before the Lahore High Court against the order of the learned Single Judge which was dismissed by a Division Bench vide its order dated 30-11-1985.
5. After hearing the learned counsel for the parties, we grant leave to appeal to examine whether the Intra-Court Appeal was competent or not.
6. ' Security for costs in the sum of Rs,5,000.
7. ' Appeal is to be made ready for hearing on the present record. However, the parties are allowed to file necessary additional documents, if any.