Case Details

Citation(s)
1983 SLG 698 1983 SLD 698 = 1983 PLD 157
Supreme Court of Pakistan
Civil Appeal No. K-3 of 1975, decided on 28th August, .1982. (On appeal against the judgment and order of the High Court of West Pakistan, Quetta- Circuit, dated the 3rd September, 1969 , in L. P. A. No. 2 of 1966).
Present: Shafiur Rahman, Zaffar Hussain Mirza and M. S. H. Quraishi, JJ .
Akhter Mahmud, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record for Appellant. Ahmed Saeed, Senior Advocate Supreme Court and Ahmedullah Farooqui, Advocate-on-Record for.
Respondents. Date of hearing : 28th August, 1982. .

Mst. FATIMA-..Appellant

VERSUS

ABDUL HAMID AND OTHER-..Respondents

Law: Constitution of Pakistan, 1973

Section: 185(3) , 10 , 199

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

 (a)  Constitution of Pakistan (1973)-

 

Art. 185(3) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched.-Transfer of house-Exclusive discretion of Settlement Authorities exercised in holding that house in dispute was divisible and that two rooms transferred to petitioner constituted a separate, independent and divisible unit although a part of big house initially in possession of different families-Leave to appealGranted by Supreme Court to examine whether High Court was not right in interfering with such discretion.

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