| Citation(s) |
|---|
| 1976 SLG 304 1976 SLD 304 1976 SCMR 363 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 150-R of 1975, decision dated: 9th January 1976
ANWARUL HAQ AND MUHAMMAD GUL, JJ
Syed Riaz Ahmad Pirzada, Advocate and Noor Ahmad Noori, Advocate-on-Record for Petitioner. Nemo for
Respondent
Civil Petition for Special Leave to Appeal No. 150-R of 1975, decision dated: 9th January 1976
ANWARUL HAQ AND MUHAMMAD GUL, JJ
Syed Riaz Ahmad Pirzada, Advocate and Noor Ahmad Noori, Advocate-on-Record for Petitioner. Nemo for
Respondent
HABIBUR REHMAN
VS
SETTLEMEN C & REHABILITATION DEPARTMENT, RAWALPINDI
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- -- Sched., para. 6 - Public auction - Document described as "token 141"-Not prescribed under any provision of law or instructions issued by Chief Settlement Commissioner to be conclusive evidence of auction price of evacuee property - Settlement authorities after referring to various available registers, to absence of authentic auction proceedings, coming to a definite conclusion with regard to auction money, such finding on question of fact, held, leaves no room for interference. ORDER ANWARUL HAQ, J..-The dispute in this case concerns the amount of the auction price of 2 kanals and 6 marlas of an evacuee building site situate in Chakwal Town. The auction was held on 18-1-62 in favour of the petitioner but he was informed on 23-2-71 that the auction had been cancelled by an order made by the Deputy Settlement Commissioner on 13-1-68 on the ground that the auction price had not been paid as required by the conditions of the sale. The petitioner thereupon filed an appeal which was dismissed by the Additional Settlement Commissioner by big order dated 1-11-72. His revision petition was only partly accepted by the Settlement Commissioner by his order dated 14-4-73, holding that the auction price was Rs. 17,000 and not Ra. 1, i00, but the petitioner was given time to make the payment. The learned Settlement Commissioner, however, concluded his order by saying that the petitioner would not be permitted to associate with a claimant for the purpose of paying the auction price. Aggrieved by these orders of the Settlement authorities the petitioner invoked the writ jurisdiction of the Lahore High Court, but his petition teas dismissed --to liming by a learned Judge by his order dated the 21st of November 1974. The High Court has held that there…
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