CHUGHATTA vs THE PROVINCE OF PUNJAB And Other
The petitioner filed a civil suit seeking a declaration that he was entitled to the conferment of proprietary rights under a memorandum dated September 3, 1979, and challenging the allotment of the disputed land in favor of the respondents as illegal. The trial court dismissed the suit, holding that the land had already been allotted to the respondents prior to the promulgation of the memorandum, which could not be given retrospective effect. The appellate court and the High Court in civil revision concurrently affirmed the dismissal. Upon a petition for leave to appeal, the Supreme Court of Pakistan held that the petitioner's contention was devoid of force because the land was allotted to the respondents before the scheme for proprietary rights came into effect, and the matter was conclusively settled by concurrent findings of fact by the courts below. The petition for leave to appeal was accordingly dismissed.
- Whether a notification or scheme for the conferment of proprietary rights can be given retrospective effect to affect prior land allotments?
- Can the Supreme Court interfere with concurrent findings of fact recorded by three lower courts regarding land allotment?
- Whether a person cultivating land prior to the expiry of another's lease is automatically entitled to proprietary rights over subsequent allotments?
ORDER
ABDUL SHAKURUL SALAM, J.---Petitioner riled a suit for a declaration that he was entitled to conferment of proprietary rights under Memo. Dated 3-9-1979 and the allotment of the land in dispute in favour of the respondents was illegal. Issue No.6 was framed to the following effect: "Whether the plaintiff is entitled for grant of proprietary rights of the suit land or extension of lease?
OPP"
Learned trial Court found that on the expiry of the lease of one Ibrahim, the suit land was allotted to the respondents on 19-3-1979. Notification which forms thebasis of claim of the plaintiff is, dated 3- 7-1979. This notification cannot be given retrospective effect. Finally, the suit was dismissed by the learned Civil Judge, First Class, Faisalabad vide judgment and decree, dated 7-7-1987. The petitioner filed an appeal which has been dismissed by the learned Additional District Judge, Faisalabad vide judgment and decree, dated 19-1-1988. Petitioner then filed Civil Revision No.708 of 1988 but the same has been dismissed by a learned Single Judge vide order, dated 19-4-1988. The petitioner seeks leave to appeal.
2. Contention of the learned counsel for the petitioner is that as the petitioner was cultivating the land since before the expiry of lease of Ibrahim, he should have been conferred the proprietary rights.
3. The contention is devoid of force for the reason that before the scheme for conferment of proprietary rights was promulgated on 3-9-1979, the land had already been allotted to the respondents on 19-3-1979. The matter is concluded by concurrent finding of fact adverse to the petitioner by the three Courts below. No justification is made out for interference. The petition is, therefore, dismissed.