| Citation(s) |
|---|
| 1975 SLG 190 1975 SLD 190 1975 SCMR 186 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 296 of 1974, decision dated: 16th October 1974
MUHAMMAD YAQUB ALI AND MUHAMMAD AFZAL CHEEMA, JJ
J. A. Pervaiz, Advocate Supreme Court instructed by Abdul Karim Sheikh, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 296 of 1974, decision dated: 16th October 1974
MUHAMMAD YAQUB ALI AND MUHAMMAD AFZAL CHEEMA, JJ
J. A. Pervaiz, Advocate Supreme Court instructed by Abdul Karim Sheikh, Advocate-on-Record for Petitioner. Nemo for
Respondents
GHULAM HUSSAIN ZAIR
VS
CHIEF SETTLEMENT COMMISSIONER, PUNJAB, LAHORE AND 2 others
Law:
Section:
Constitution of Pakistan (1973) Art. 185(3)Settlement Authorities concurrently finding disputed property to be a house and one property and transferred to -Respondent after rejection of -Petitioner's L. H. formClaim of property being transferred to -Petitioner and P. T. O. being issued not substantiated by evidence on recordOrders of Settlement Authorities, held, unexceptionable. ORDER MUHAMMAD YAQUB ALI, J. The -Petitioner filed an LH form for transfer of an Ihata in plot No. 14, Dera Ghazi Khan, which was allotted to him somewhere in 1948. The Assistant Settlement Commissioner rejected the form on the ground that he was a local and in possession of his own house. No appeal was preferred from this order by the -Petitioner. On 20th April 1960, the Ihata which has a room over it, was transferred to -Respondent No. 3, a claimant displaced person under the Earmarking Scheme. The -Petitioner filed an appeal from the order of transfer on which the case was remanded by the Additional Settlement Commissioner to the Deputy Settlement Commissioner for fresh decision. The Deputy Settlement Commissioner examined the record and on hearing the parties concluded that the property in dispute was a house and the -Respondent a claimant displaced person had a preferential right to its transfer. The claim of the -Petitioner was…
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