| Citation(s) |
|---|
| 2016 SLG 3917 2016 SLD 3917 2016 YLR 2176 |
Sindh High Court
Constitutional Petitions Nos. S-49, S-50 and S-76 of 1994,decided on 15th February, 2016. Date of hearing: 24thNovember, 2015.
NAZAR AKBAR, JUSTICE
Nafees Ahmed Siddiqui for
Respondents (in Constitutional Petitions Nos.S-49 and S-50 of 1994).M.G. Dastagir for Petitioners (in Constitutional Petition No.S-76 of 1994).Nafees Ahmed Siddiqui for
Respondents (in Constitutional Petition No.S-76 of 1994)
Constitutional Petitions Nos. S-49, S-50 and S-76 of 1994,decided on 15th February, 2016. Date of hearing: 24thNovember, 2015.
NAZAR AKBAR, JUSTICE
Nafees Ahmed Siddiqui for
Respondents (in Constitutional Petitions Nos.S-49 and S-50 of 1994).M.G. Dastagir for Petitioners (in Constitutional Petition No.S-76 of 1994).Nafees Ahmed Siddiqui for
Respondents (in Constitutional Petition No.S-76 of 1994)
ABDUL KHALIQ THROUGH L.RS. AND othersVS.MRS. RAZIA BEGUM THROUGH L.RS. AND others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -----S. 20-----Transfer of evacuee house to the occupants (petitioners and respondents)-Revisional courts/authorities were not supposed to record fresh evidence or direct the parties to prove anything by means of an affidavit or document at revisional stage-----Fact which was not available on record of proceedings before lower forums could not be taken on record at the revisional stage to interfere with the impugned order. Barkat Ali v. Settlement and Rehabilitation Commissioner PLD 1991 SC 610; Mst. Shahjahan Begum v. Mst. Shabbir Fatima and another PLD 1991 SC 614 and Mst. Shahzada Begum v. Ahmed Kamal and 18 others PLD 1991 SC 617 ref. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:----------- By this common judgment, I intend to dispose of three Constitution Petitions bearing Nos.S-49 and S-50 of 1994 both filed by Petitioner Abdul Khaliq son of late Abdul Ghani, the predecessors in interest of Mst. Anwer Jehan Begum and Constitution Petition No.S-76 of 1994 filed by Asghari Begum and others, the predecessors in interest of Dr. A.H. Qureshi and Mohammad Akhtar Khan against Mst. Razia Begum, through her legal heirs (Respondent No.1 in C.Ps. Nos.S-49 and S-50 of 1994) and (Respondent No.2 in C.P. No.S-76 of 1994) and others including the Secretary (RS&EP) Board of Revenue Sindh (Notified Officer under Section 2(2) of Evacuee Trust Property and Displaced Persons Laws (Repeal) Act, 1975 (the Notified Officer). Applications, one filed by Razia Begum and the other by Anwar Jehan Begum against the appellate orders dated 16.4.1969 passed by Additional Settlement Commissioner on Appeal No. ASCK-42/ 1959 filed by Mst. Razia Begum. The orders impugned are in respect of a building on Plot No.J.M.308. Custodian No.VII-D-279, A/11 situated on Motilal Nehru Road, renamed as Jigar Muradabadi Road, Jamshed Quarters. (hereinafter The House). 3. These constitution petitions have history of 57 years of litigations between the same parties and now through their legal heirs. Briefly stated, the basis of dispute amongst the Petitioners and the private Respondents started when the House in their possession…