Case Details

Citation(s)
1975 SLG 363 1975 SLD 363 1975 PLD 366
Supreme Court of Pakistan
Civil Appeal No. 33 of 1970, decided on 9th June 1975. DATE of hearing: 9th June 1975. (On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore, dated the 19th February 1968, in Letters Patent Appeal No. 277 of 1964).
HAMOODUR RAHMAN, C.J., SALAHUDDIN AHMED AND MUHAMMAD AFZAL CHEEMA, JJ

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Khawaja RIFFAT ALI

VS

SETTLEMENT & REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND 2 OTHERS-

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---------Sched.-Division of property by Settlement Authority for purpose of transfer to more than one claimant.-validity of division cannot be questioned merely because some adjustments made and party given something not actually in his possession. The Settlement Authority concerned is fully competent to make the necessary modifications while making a division of the property, and merely because some adjustments have been made to make the two units separate and independent of each other, the validity of the division cannot be challeng­ed on the ground that something not actually in the, occupation of, one party has been given to him. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----- --- S. 21 --- Review --- Chief Settlement Commissioner delegating his power of review to Settlement Commissioner on 20-12-61---Order of review passed by Settlement Commissioner prior to this date, held, without jurisdiction. Mst. Zainab Khatoon's case P L D 1965 S C 55 and Mst. Zaitoon Begum's case 1968 S C M R 611 ref. S. Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record (absent) for Appellant. Samad Mahmood, Advocate Supreme Court instructed by Iftikharuddin Ahmad, Advocate-on-Record (absent) for Respondents Nos. 1 and 2. Muhammad Hasan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent No. 3. Date of hearing: 9th June 1975. JUDGMENT SALAHUDDIN AHMAD J.-This appeal is by special leave of this Court. The dispute between the parties is over the division of bungalow No. B-XVIII-2S-64 situated at College Road, Gujranwala. Both the appellant and respondent No. 3 Syed Razi Abbas are claimants, and they are allottees with effect from the same date, and both applied for the transfer of the bungalow. The claim of the appellant has been verified to the extent of Rs. 64,000 and that of the said respondent to the extent of Rs.13,250. It appears that on the 1st of March 1960, the Deputy Settlement and Rehabilitation Commissioner held that the bungalow was divisible and it consisted of two…
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