| Citation(s) |
|---|
| 1976 SLG 128 1976 SLD 128 1976 PLD 37 |
Supreme Court of Pakistan
Civil Appeal No. 82 of 1970, decision dated: 13th May 1975. (On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore dated 9th April 1969 in L. P. A. No. 558 of 1966)
MUHAMMAD YAQUB ALI, SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Sirjees Nagi, Advocate Supreme Court instructed by Tanveer Ahmad, Advocate-on-Record for Appellant. Sh. Masud Akhtar, Advocate-on-Record Nos. 1 and 3 to 14.
Respondent No. 2 . Deleted. S. Hidayatullah Khan, Advocate, Supreme Court, instructed by Iftikharu
Civil Appeal No. 82 of 1970, decision dated: 13th May 1975. (On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore dated 9th April 1969 in L. P. A. No. 558 of 1966)
MUHAMMAD YAQUB ALI, SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Sirjees Nagi, Advocate Supreme Court instructed by Tanveer Ahmad, Advocate-on-Record for Appellant. Sh. Masud Akhtar, Advocate-on-Record Nos. 1 and 3 to 14.
Respondent No. 2 . Deleted. S. Hidayatullah Khan, Advocate, Supreme Court, instructed by Iftikharu
ALI MUHAMMAD
VS
HUSSAIN BAKHSH AND OTHERS
Law:
Section:
(a) Constitution of Pakistan (1962)-- Art. 98-Impugned order in excess of jurisdiction of authority passing order and thus void-Failure of party adversely affected to go in appeal against such order within prescribed time-Does not preclude such party from challenging its legality in High CourtOrder null and void-Does not require to be set aside formally.[Writ]. [p. 39]A Yousuf All v. Muhammad Aslam Zia and others P L D 1958 S C (Pak.) 104; Ch. Altaf Hussain and others v. The Chief Settlement Commissioner P L D 1965 S C 68 and Syed Alt Abbas and others v. Vishan Singh and others P L D 1967 S C 294 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (x%VIII of 1958)- -- S. 30(5) [as amended by Displaced Persons Laws Amendment Ordinance (XIII of 1964), Sched., para. 13] read with S. 16-B and Settlement Scheme No. 1V-Deletion of subsection (5) of S. 30 -Not intended to remove bar against transfer of houses and shops in possession of Jammu & Kashmir refugees and to make them available for transfer to displaced persons from other parts of India-Nor did it affect provisions of S. 16-B directing Chief Settlement Commissioner to prepare scheme for temporary rehabilitation of Jammu & Kashmir refugees-Houses and shops in possession of refugees from Jammu & Kashmir-Excluded from compensation pool maintained for settlement of refugees from other parts of India and reserved for transfer to their occupants temporarily till their repatriation. Mst. Zainab Bibi v. Govqrnment of Pakistan and others P L D 1962 Pesh. 101 rel. JUDGMENT MUHAMMAD YAQUB ALI, J.-The dispute in this appeal, from an order of a Division Bench of the erstwhile High Court of West Pakistan, pertains to disposal under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, of property No. 7/656-A, known as Haveli Dewan Ram Chand Milkhi Ram, situated in the city of Sialkot. The property in dispute comprises of 15 rooms and a spacious courtyard inside the Haveli. Out of them 3 rooms are in possession of Ali Muhammad, appellant, a claimant displaced person and he applied for transfer of these rooms to him. The remaining 12 rooms are in possession of respondents 1 to 14 who…
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