| Citation(s) |
|---|
| 1976 SLG 123 1976 SLD 123 1976 PLD 41 |
Supreme Court of Pakistan
Civil Appeal No. 68 of 1970, decided an 9th December 1975. (On appeal from the judgment and order of the then High Court of West Pakistan, Lahore, dated the 16th of May 1967 in Letters Patent Appeal No. 807 of 1966)
MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Khalilur Rahman, Advocate-on-Record for Appellants. Muhammad Naqi, Advocate Supreme Court instructed by Abld Nawaz Abid, Advocate-on-Record (absent) No. 1.
Respondents Nos. 24 .Ex parte
Civil Appeal No. 68 of 1970, decided an 9th December 1975. (On appeal from the judgment and order of the then High Court of West Pakistan, Lahore, dated the 16th of May 1967 in Letters Patent Appeal No. 807 of 1966)
MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Khalilur Rahman, Advocate-on-Record for Appellants. Muhammad Naqi, Advocate Supreme Court instructed by Abld Nawaz Abid, Advocate-on-Record (absent) No. 1.
Respondents Nos. 24 .Ex parte
Mst. ABIDA AND ANOTHER
VS
Haji MUHAMMAD BOOTA AND 3 OTHERS
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Sched , paras. 2 & 4-N. C. H. Form for transfer of house pending disposal before competent Settlement ,Authority-Transfer of house by earmarking, held, illegal-Property could not be drawn in favour of any person unless application for transfer in respect of such property rejected and transfer refused. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)- -- S. 21(i)(a)(iii)-Review-Jurisdiction, Review by Deputy Settlement Commissioner of his earlier order-Without jurisdiction in absence of requisite permission of Additional Settlement Commissioner.-[Review-Jurisdiction]. JUDGMENT SALAHUDDIN AHMED, J.-This is an appeal by special leave of this Court. Before we proceed to dispose of the appeal on merits, it is necessary to dispose of three applications-two made oil behalf of the heirs and representatives of respondent No. 1 Haji Mqhammad Boota since deceased one for substitution after having condoned the delay in moving the application ; and the other asking for dismissal of the appeal on the ground of abatement ; and the third by one Elahi bakhsh praying for being added as a party in the appeal. The first application for substitution made on behalf of the heirs and legal representatives of respondent Haji Muhammad Boota deceased is allowed, and their names are substituted in place of Haji Muhammad Boota. The delay in making the application is condoned. Regarding the second application made on behalf of the heirs and legal representatives of the deceased Haji Muhammad Boota, it may be stated that the appellants were at the relevant time minors and although they too resided in Lahore, their residence was far away from the place where the deceased, Haji Muhammad Boota, lived and died, and as such we accept the explanation of the appellants that they for the first time came to know of the death of Haji Muhammad Boota on the 5th of December 1975. The application for abatement is, accordingly, rejected. Nobody has appeared in support of the application of Elahi Bakhah for being added as a party. Elahi Bakhsh is a local, and he was not a party either before the…
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