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MUHAMMAD NAZIR KHAN versus AHMAD


Article 42 Government Land (Punjab) Act (v. 1912), Section 10 Constitution of Pakistan (1973), Article 185 (3) repeal of allotment natural justice, the applicable land tenure allotted to the plaintiff has been resumed and no The proof / document was not available. On the record which may indicate that before the plaintiff could resume the land, he was given a notice or at any time he was heard by the collector, the suit filed by the plaintiff was dismissed by the trial court. But the lower appellate court allowed the appeal and dismissed the decision in this case. The High Court upheld the right of the plaintiffs' decision and decree by the lower appellate court in the jurisdiction of the amended jurisdiction even if there was no need to issue a legal or mandatory notice, the plaintiff was entitled to at least the notice and the personal hearing. The principle of natural justice was that after the allotment of land in favor of the plaintiff, certain rights were accumulated in his favor and could not be deprived of any of these rights, as well as the opportunity of a High Court hearing with the Lower Appellate Court. At the time of grant, it was claimed that the plaintiff was entitled to a notice before the restoration of the land Services that have been approved by the High Court decision did not suffer any legal non weakness. The matter was decided not only on the basis of the evidence available on the record but also in accordance with the law on the same matter but the Supreme Court refused to interfere with the conclusions made by the lower appellate court of the appellate court.

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