Case Details

Citation(s)
1975 SLG 346 1975 SLD 346 1975 SCMR 524
Supreme Court of Pakistan
Civil Appeal No. 35 of 1970, decision dated: 13th May 1975.(On appeal from an order of the former High Court of west Pakistan at Lahore made on the 6th of October 1966, in L. P. A. No. 579 of 1966)
HAMOODUR RAHMAN, C.J., ANWARUL HAQ AND MUHAMMAD AFZAL CHEEMA, JJ
Amjad Khan, Advocate instructed by Syed Inayat Hussain, Advocate-on. Record (absent) for Appellant,

TAJ DIN

VS

CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND 2 OTHERS

Law:

Section:

(a) West Pakistan Rehabilitation and Settlement Scheme--Part II, para. 51 read with Memo No. 603-R(L) dated 25-1-1952 and instructions dated 28.12.1959---Appellant allowed by Rehabilitation Authority to keep land in dispute for 20 years in accordance with terms of mortgage and to vacate land on expiry on such period--Subsequent instructions withdrawing allotments held by mortgagees of Muslim mortgagors and transplanting mortg­agees on land held by Muslim mortgagors and paying mortgagees of non-Muslim mortgagors amount of mortgage money from compen­sation pool, held, deprived mortgagees, other than those holding Rehn Meadi of allotments previously made in their favour and gave mere lien on land held by their Muslim mortgagors-Instructions, held, intended to deal with mortgagees other than those falling under category of Rehn Maddi and such particular category of mortgage specifically excluded from purview of benefits of Rehabilitation Settlement Scheme. (b) West Pakistan Rehabilitation anti Settlement Scheme-- ---- Part 11, para. 51 & Part 1, Ch, II, para. 7 read with memo. No. 2195­62/3798-R(L) dated 18-5-1962 and instructions dated 28-12-1.959 and 11-4-1962-Notification gives option to mortgagees to purchase land held by them under para. 7-Such mortgagees, however, have to be such who had not surrendered their land nor land withdrawn from them before 11-4-1962-Memo catered only for cases previously dealt with according to memos dated 28-12-1959 and 11-4-1962 and not to Rehn Meadi-Para. 51 of Part II of Scheme remained intact despite subsequent instructions----Appellant holding Rehn Meadi, held, not entitled to concession of purchase of land contemplated by memo dated 18-5-1962-Rebabilitation Commissioner though authorised to modify his previous instructions yet latest memo not having dealt with category of appellant, previous instructions, held, stood unchanged. Abdul Hajiz v. Rehabilitation Commissioner P L D 1966 S C 483 ref. JUDGMENT ANWARUL HAQ, J.-.The appellant, who is a displaced person from Betala in the district of Gurdaspur, now in India, submitted a claim for the grant of land to him in village Adamke C heema in the district of Sialkot on the…
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