| Citation(s) |
|---|
| 1974 SLG 236 1974 SLD 236 1974 SCMR 474 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. K-55, K-56 and K-57 of 1973, decision dated: 1st February 1974.(On appeal from the judgments and orders of the High Court of Sind & Baluchistan, Karachi, dated the 8th February 1973, in Writ Petitions Nos.
HAMOODUR RAHMAN, C.J. AND ANWARUL HAQ, J
Muhammad Ali Sayeed, Advocate Supreme Court instructed by Yousaf Rafi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petitions for Special Leave to Appeal Nos. K-55, K-56 and K-57 of 1973, decision dated: 1st February 1974.(On appeal from the judgments and orders of the High Court of Sind & Baluchistan, Karachi, dated the 8th February 1973, in Writ Petitions Nos.
HAMOODUR RAHMAN, C.J. AND ANWARUL HAQ, J
Muhammad Ali Sayeed, Advocate Supreme Court instructed by Yousaf Rafi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
GIRDHARILAL AND others
VS
SETTLEMENT COMMISSIONER AND OTHERS
Law:
Section:
(a) Pakistan (Administration of Evacuee Property) Acct (XII of 1957)-----S. 22-Settlement authorities have jurisdiction to deal only with evacuee properties in compensation pool-Cannot declare property treated as evacuee property to be non-evacuee property-Custodian alone could declare property to be non-evacuee. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ---Sched.-Settlement authorities in absence of any rule have no jurisdiction to make any order with regard to property, gone out of compensation pool, after issuance of P. T. D. in that regard. JUDGMENT HAMOODUR RAHMAN, C. J.-These are three petitions filed by the same petitioners for special leave to appeal from a consolidated order of a learned Single Judge of the Sind & Baluchistan High Court in three Constitutional Petitions Nos. 502, 503 & 514 of 1968 calling in question a common order of the Settlement Authorities regarding three different properties situated at Nawabshah. The petitioners are members of a joint Hindu family. The petitioner No. 1 is the son of one Seth Behrumal Bhattia who used to reside with his brother Seth Hirdaram and other members of the joint family at Quetta where too the joint family held immovable properties. Seth Hirdaram died issueless in 1936 and Seth Behrumal was afflicted with paralysis in the year 1942. Due to this ailment he could not stand the severe winter at Quetta and used to go to Bikaner in India during winter every year. On one of such occasions he died at Bikaner on the 11th of September 1948, leaving him surviving the petitioner No. 1, his brother Chetanram, a son of the latter, and petitioners Nos. 2 and 3 being sons of petitioner No. 1. As the tenants of the Quetta properties started creating difficulties, the petitioner applied under section 9 of the Baluchistan (Protection of Evacuee Property) Regulation No. 1 of 1948 and obtained a certificate on the 20th of October 1948, declaring that the Quetta properties mentioned in the certificate belonging to Messrs Hirdaram Bahrumal & Sons were non-evacuee properties. As the tenants were still creating trouble, another order was obtained on the 28th of October 1952, by…
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