Case Details

Citation(s)
1972 SLG 192 1972 SLD 192 1972 SCMR 274
Supreme Court of Pakistan
Civil Appeal No. 9-P of 1971, decision dated: 23rd May 1972
SAJJAD AHMAD, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ

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HABIB AHMAD AND 2 others--Appellants

VS

THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, Lahore High Court AND others--Respondents

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 1.1 read with Notification dated 3-2-60 and Notification No. F(1)/64-SF-1 dated 12-2-64-Notification dated 3-2-60 confer­ring powers on Deputy Commissioner as Deputy Settlement Commis­sioner-Not affected by Notification No. F(1)/64-SF-1 dated 12-2-64 appointing Deputy Commissioner as Additional Settlement Commissioner. Ramzan v. Deputy Settlement Commissioner 1968 S C M R 126 ref. S. Safdar Hussain, Advocate-on-Record for Appellants. Respondents Nos. 1 to 4 : Ex parte (vide Court's Order, dated 21-12-1971). A. K. Farooqi, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Respondent No. 5. Date of hearing : 23rd May 1972. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former West Pakistan High Court, Peshawar Bench, in Civil Revision No. 48 of 19(4 dated 27th October 1969. By this order the revision petition was dismissed. The dispute between the parties is in respect of 242 kanals situated in village Shero, Lundkhowar, and Gujar Garhi, Tehsil and District Mardan. This land was allotted to the appellants in the year 1951-52 as displaced persons from Jammu & Kashmir State. On there action of the appellants' claim for the property abandoned in a occupied part of Jammu & Kashmir State the Patwari Reha ilitation Department, Mardan, reported on 13th February .1960, that as the claim of the appellants had been rejected the land allotted to them be cancelled' from their names and allotted to Mst. Gul Andama, respondent No. 5, in satisfaction of her verified claim. On this report the Assistant Settlement and Rehabilitation Commissioner (Lands), Mardan cancelled the allotment of the land from the appellants name by his order dated 14th February 1960. The appellants filed an appeal to the Deputy Settlement and Rehabilitation Commissioner (Lands), Mardan, which was dismissed on 26th May 1960. The matter was, thereafter, taken in revision to the Additional Settlement and Rehabilitation Commissioner (Lands), which was also dismissed on 11th July 1960. The appellants filed a second revision petition with the Settlement…
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