| Citation(s) |
|---|
| 1975 SLG 303 1975 SLD 303 1975 SCMR 423 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-151 of 1974, decision dated: 5th March 1975. (On appeal from the order of the High Court of Sind & Baluchistan Karachi dated 3-6-1974, in Misc. Appeal No. 24 of 1970)
HAMOODUR RAHMAN, C.J.MUHAMMAD YAQUB ALI AND MUHAMMAD GUL, JJ
S. M. Abbas, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. K-151 of 1974, decision dated: 5th March 1975. (On appeal from the order of the High Court of Sind & Baluchistan Karachi dated 3-6-1974, in Misc. Appeal No. 24 of 1970)
HAMOODUR RAHMAN, C.J.MUHAMMAD YAQUB ALI AND MUHAMMAD GUL, JJ
S. M. Abbas, Advocate-on-Record for Petitioner. Nemo for
Respondents
ABDUL MAJID
VS
THE SETTLEMENT COMMISSIONER KARACHI AND OTHERS
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 4 subs. (3) [as inserted by Displaced Persons Laws Amendment Ordinance (XIII of 1964), S. 3]Property allotted to -Petitioner, P. T. O. issued, and entire evaluation price paidSubsequent change in law and Chief Settlement Commissioner empowered to determine whether properties were or were not evacuee trust propertyChief Settlement Commissioner setting aside allotment to -Petitioner and declaring property as evacuee trust propertySettlement Authorities having no jurisdiction to determine such question prior to enforcement of amending law, Chief Settlement Commissioner, held, could not be a said to have reopened matter already decided by competent authorityCase not of retroactive application of law. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., para. 1Contention that property goes out of compensation pool on issuance of P. T. O. held, wholly misconceivedProperty can be resumed even after issuance of P. T. O. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., para 1 read with S. 4(3)Property fund to be evacuee trust propertyNo P. T. O. in respect of such property could be validly issued. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 4(3)Decision of High Court on question whether property way or was not trust property after considering evidenceA decision on question of factFinding being concurrent with finding of Settlement authority could not be assailed in Supreme Court. JUDGMENT HAMOODUR RAHMAN, C. J. This is a petition for special leave to appeal from the judgment and order of a learned Single Judge of the Sind Baluchistan High Court in an appeal under subsection (4) of section 4 of ,he Displaced Persons (Compensation and Rehabilitation) Act, 1958, whereby ;he Settlement Commissioner with powers of the Chief Settlement Commissioner. South Zone, has held properties hearing survey Nos. 965 and 966, corresponding to Custodian Nos. IIA/355, 356 and 357, located in Ward 'B' of Nawabshah town, to be properties belonging to a religious and .:charitable trust. These two survey numbers…
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