Pakistan Case Law
1990 SCMR 943

SIKANDAR KHAN vs MEMBER (COLONIES), BOARD OF REVENUE and others

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Citation1990 SCMR 943
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 289 of 1987
Date1989-11-01
Judge(s)Muhammad Afzal Zullah and S. Usman Ali Shah
Authored byMuhammad Afzal Zullah
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against the dismissal of a Constitutional Petition by the High Court, which originated from a dispute over the transfer of proprietary rights in State land. The core legal questions for the Supreme Court to determine include whether the High Court dismissed the petitioner's case on grounds independent of those relied upon by the Board of Revenue, and whether the petitioner's entitlement to proprietary rights was governed by specific lease schemes from 1971, 1972, or other relevant periods. Furthermore, the Court must examine whether the original lease was obtained illegally, whether the alienation of the petitioner's own land to his heirs disqualified him from receiving proprietary rights, and whether the petitioner failed to satisfy the requisite conditions for the grant. The Supreme Court granted leave to appeal to address these issues, noting that the case requires a thorough examination of the applicable lease schemes and the validity of the petitioner's claim to the land in dispute.

Questions settled in this judgment
  • Whether the High Court erred by dismissing a Constitutional Petition on grounds independent of those considered by the Board of Revenue?
  • Does the alienation of one's own land in favour of heirs disqualify an individual from being granted proprietary rights in State land?
  • Which specific lease scheme governs the grant of proprietary rights in the disputed State land?
proprietary rightsState landlease schemeConstitutional Petitionleave to appealBoard of Revenue

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's Constitutional Petition which had arisen out of transfer of proprietary rights in a piece of State land.

2. After hearing the learned counsel from both sides, at some length, we consider it a fit case for grant of leave to appeal, inter alia, for the examination; as to whether, the High Court in fact non- suited the petitioner on grounds independent of the considerations which weighed with the Board of Revenue; whether the grant to the petitioner was governed by the 1971, 1972 or any other lease scheme; whether the original lease of the petitioner was obtained illegally; whether, he could not be granted proprietary rights in the land in dispute because of alienation of his own land in favour of his heirs; and whether, the petitioner failed to satisfy the relevant conditions. These and other related questions as also those raised in this petition require examination. Leave to appeal, accordingly, is granted.

3. ' Security Rs, 5,000.

4. ' The appeal shall be prepared on the present record with direction to the parties to file all those documents which would he necessary for the disposal of the appeal.

5. ' Stay to continue subject to the furnishing of security for mesne profits from the date of the order of the High Court within one month, to the satisfaction of the Collector concerned.

Cited by 3 cases

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