Law:

Section:

Requisition of Immovable Property (Temporary Powers) Rules, 1962--------- ----------Rr. 8, 9 & 10----------Punjab Requisition of Immovable Property (Temporary Powers) Act (VII of 1956), Ss. 6 & 7---------Suit for enhancement of compensation/rate of rent---------Additional District Judge enhanced the compensation/rate of rent holding that the plaintiff was entitled to claim compensation only for period of three years and the claim beyond that period was therefore barred---------Validity---------Requisition of Immovable Property (Temporary Powers) Rules, 1962 provided that the owner of the property, if not satisfied with the compensation fixed by the requisitioning authority, firstly would approach the requisitioning authority and on his refusal after issuing the statement in writing would file a reference to the Arbitrator within thirty days thereafter for fixation of the compensation---------Rules 8, 9 and 10 of Requisition of Immovable Property (Temporary Powers) Rules, 1962 gave limitation to file the petition/reference to the arbitrator---------Additional District Judge, therefore, had erred in law by not deciding the issue as to limitation as required by law---------Main question in the case revolved around the limitation, which, being mixed question of law and facts, could only be decided by recording of the evidence---------High Court, setting aside impugned order, remanded the case for decision afresh---------Appeal against order was allowed in circumstances. Government of the Punjab through Secretary Education, Lahore v. Shahida Begum 1994 SCMR 1488; Azmatullah and another v. Secretary to Government of West Pakistan PLD 1978 Lah. 979 and Home Department, Government of Punjab through Secretary and others v. Mian Irshad Hussain PLD 2010 Lah. 654 ref. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:--------- This first appeal calls in question the validity and propriety of an order dated 01.08.2008, passed by the learned Addl: District Judge, Lahore, while exercising the powers conferred under Rule 10 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Rules, 1962, on a petition filed before the learned District…

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