Case Details

Citation(s)
1974 SLG 158 1974 SLD 158 1974 SCMR 235
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-43 of 1973, decision dated: 21st August 1973.(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 28th February 1973, in Writ Petition No. 283 of 1968)
HAMOODUR RAHMAN, C.J. AND WAHEEDUDDIN AHMAD, J
Mrs. Salima Nasir-ud-Din, Advocate Supreme Court instructed by V. A. Kidwai, Advocate-on-Record for Petitioners.Nemo for
Respondents.

Mst. HAJRA BI AND another

VS

SETTLEMENT & REHABILITATION COMMISSIONER, KARACHI AND ANOTHER

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- Sched., Part I-Transfer of house-C.H. form misplaced, another such form for transfer of property filed, but rejected-P. T. D. issued to another-Settlement Commissioner, held, had no jurisdic­tion to set aside P. T. D. and transfer property to person whose C.H. form stood rejected. ORDER WAHEEDUDDIN AHMAD, J.-The dispute between the parties is in respect of property bearing No. O. T. F./27-G. 1., Karachi. It was put to auction but no bid was offered. Subsequently, the respondent No. 2 made the highest offer of Rs. 11,620 which was accepted by the Settlement authorities. A. P. T. O. was issued on the 12th December 1962 and a P. T. D. was issued on the 19th March 1963. The property in dispute was in occupation; of one Hakim Qutubuddin, the husband of petitioners Nos. 1 and 2. He did not file any form. After the property had been transferred to respondent No. 2, he filed an eviction application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959. On the 29th August 1964, the learned Civil Judge and the Rent Controller, directed Hakim Qutubuddin to deposit the arrears of rent and as the same was not deposited, his defence was struck off. Hakim Qutubuddin died and his heirs filed an appeal against the said order which was dismissed on the 31st January 1967. On the 16th March 1967, the Rent Controller granted one month's time to the heirs of Hakim Qutubuddin on an undertaking that they would vacate the premises by the 12th April 1967. During this period the petitioners filed a revision application before the Settlement Commissioner alleging shat there was a previous transferee of property in question and the subsequent transfer of the same to the res­pondent was illegal. This…
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