| Citation(s) |
|---|
| 1970 SLG 3044 1970 SLD 3044 = 1970 SCMR 490 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-96 of 1969, decided on 13th January 1970.
Presented By: Muhammad Yaqub Ali and Wahiduddin Ahmad, JJ
Iqbal Qazi, Advocate Supreme Court instructed by K. A. Ghani, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. K-96 of 1969, decided on 13th January 1970.
Presented By: Muhammad Yaqub Ali and Wahiduddin Ahmad, JJ
Iqbal Qazi, Advocate Supreme Court instructed by K. A. Ghani, Advocate-on-Record for Petitioners. Nemo for
Respondents.
NOOR MUHAMMAD AND 8 OTHERS-Petitioners
VERSUS
CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 8 OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 1
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 13th March 1969, in Petition No. 146 of 1967). Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I read with Constitution of Pakistan (1962), Art. 98-Divisibility of house-Order of Settlement Authorities cannot be interfered with in writ jurisdiction. Date of hearing : 13th January 1970 ORDER MUHAMMAD YAQUB ALI, J.-Mr. Iqbal Qazi concedes that c the divisibility of the property in dispute was not open to question before the High Court in writ jurisdiction. He, how ever, contends that in allotting the upper floor to the petitioners the Chief Settlement Commissioner did not take into considera tion the material circumstances that the petitioners were allottees and in prior occupation of the ground floor. Once it is conceded and rightly so that the High Court did not have the jurisdiction to interfere with the division of the property, we fail to see…