| Citation(s) |
|---|
| 1974 SLG 92 1974 SLD 92 1974 SCMR 63 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 102 of 1.973, decision dated: 5th October 1973.(On appeal from the judgment and order of the Lahore High Court, dated the 16-05-1972 in L. P. A. No. 111 of 1971)
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Ch. Muhammad Iqbal, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Ch. Muhammad Nasim, Advocate Supreme Court instructed by Kh. Wall Muhammad, Advocate-on-Record for
Respondent No. 4. Nemo for
Respondents Nos. 13.
Civil Petition for Special Leave to Appeal No. 102 of 1.973, decision dated: 5th October 1973.(On appeal from the judgment and order of the Lahore High Court, dated the 16-05-1972 in L. P. A. No. 111 of 1971)
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Ch. Muhammad Iqbal, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Ch. Muhammad Nasim, Advocate Supreme Court instructed by Kh. Wall Muhammad, Advocate-on-Record for
Respondent No. 4. Nemo for
Respondents Nos. 13.
Mst. NASIM AKHTAR
VS
THE DEPUTY SETTLEMENT COMMISSIONER, LAHORE AND 3 OTHERS
Law:
Section:
Constitution of Pakistan (1962)-----Art. 58 (3)-Settlement authorities and High Court coming to conclusion that petitioner had not raised permanent construction on plot in dispute-Such finding a finding of fact-Cannot be interfered with in petition for leave to appeal. ORDER WAHEEDUDDIN AHMAD, J.-The plot in dispute was a part of Bungalow No. SE-16-R-I, Davis Road, Lahore. It was held to be in excess of the entitlement of the transferee of the bungalow. It was to be transferred under the Displaced Persons (Compensation bi Rehabilitation) Act, 1958, as a vacant site. The petitioner and one Jamil Ahmad applied for its transfer. The Deputy Settlement Commissioner, by order dated the 29th July 1968, held, that both of theta wore not entitled to the transfer of the plot in dispute. He held, that the petitioner had built a small room and Chhaper. This construction could not be treated as permanent one. He further hold, that he had not filed any form. The petitioner challenged this order in appeal which was dismissed by the Additional Settlement Commissioner on the 25th August, 1969. The matter was taken in revision which was dismissed by the Settlement Commissioner on the 29th June, 1970, The petitioner challenged this order in writ petition which was dismissed by the order of a learned Single Judge of the Lahore High Court on the 5th February 1971. The Letters Patent Appeal No. III…
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