| Citation(s) |
|---|
| 1980 SLG 3124 = 1980 SLD 3124 = 1980 PLD 139 |
Supreme Court of Pakistan
Civil Petitions Nos. 671, 897 and 898 of 1979, decided on 10th March 1980.
Presented By: Anwarul Haq, C. J. and Muhammad Afzal Zullah, J.
A. R. Sheikh, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on Record for Petitioners (in C. P. No. 671 of 1979). Ch. Asghar Ali Bhatti, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in C. Ps. Nos. 897 & 898 of 1979). Iqbal Haider Zaidi, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for
Respondents (in C. P. No. 671 of 1979). Maqbool Ahmad, Advocate Supreme Court and Abdul Karim, Advocateon-Record for
Respondents (in C. Ps. Nos. 897 and 898 of 1979).
Civil Petitions Nos. 671, 897 and 898 of 1979, decided on 10th March 1980.
Presented By: Anwarul Haq, C. J. and Muhammad Afzal Zullah, J.
A. R. Sheikh, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on Record for Petitioners (in C. P. No. 671 of 1979). Ch. Asghar Ali Bhatti, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in C. Ps. Nos. 897 & 898 of 1979). Iqbal Haider Zaidi, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for
Respondents (in C. P. No. 671 of 1979). Maqbool Ahmad, Advocate Supreme Court and Abdul Karim, Advocateon-Record for
Respondents (in C. Ps. Nos. 897 and 898 of 1979).
DR. M. A. HASEEB KHAN ETC.-Petitioners
VERSUS
SIKANDAR SHAHEEN AND 9 oTHERs-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 2, 3, 4
Law: Constitution of Pakistan, 1973
Section: 199
Law: Civil Procedure Code (V of 1908)
Section: 11
(On appeal from the judgment and order' dated 11-7-1979 of the Lahore High Court at Lahore in Writ Petition No; 1836/11 of 1974, Writ Petition No. 605/11 of 1971 and Writ Petition No. 664/11 of 1971 respectively). (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part, I-Transfer of evacuee house-House in dispute transferred to S, W and G-Order resuming propefty specifically relating to property transferred to S, notice in such regard also issued to S, language of order also clearly showing order having not related to transfers made in favour of W and G-General power of attorney executed by W and G in favour of S executed much before Settlement and Rehabilitation operations and in fact or law not relating to proceedings with regard to property in dispute before Settlement Authorities; hence no question of principals having accepted acts of their agent-Auction list and proceedings supporting such suppositions-Findings in impugned judgment holding transfers of property to W and G having never been cancelled nor such property resumed or auctioned and consequently person purchasing such property being neither auction-purchaser nor transferee of property, held, unexceptionable. (b) Displaced Persons (Compensation and Rebabilitatlon)Act (XXVIII of 1958) Read with Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XV of 1974), Ss. 2, 3 & 4-Act XXVIII of 1958 though repealed by Ordinance XV of 1979 yet provisions made in repealing law for continuance of certain pending proceedings-Provisions of repealing Ordinance, moreover, relating to. jurisdiction of Settlement authorities and not affecting Constitutional jurisdiction of High Court to entertain and decide controversies otherwise within its jurisdiction Contention that Settlement laws having stood repealed, matter became a past and closed transaction and High Court could not re-open matter, held, without force.-Interpretation of statutes]. (c) Constitution of Pakistan (1973) Art. 199-Writ petition-Laches-Contention that even on assumption of cause of action having ultimately matured in March 1974, second writ petition filed in December 1974 suffered from…