| Citation(s) |
|---|
| 1974 SLG 3032 = 1974 SLD 3032 = 1974 PLD 350 |
Lahore High Court
S. A. O. No. 69 of 1973, decided on 5th February 1974.
Presented By: Aftab Hussain, J
Syed Farooq Hassan Naqvi for Appellants. .Syed Ali Roza for
Respondents.
S. A. O. No. 69 of 1973, decided on 5th February 1974.
Presented By: Aftab Hussain, J
Syed Farooq Hassan Naqvi for Appellants. .Syed Ali Roza for
Respondents.
Mst. ZAINAB BIBI AND 5 OTHERS-Appellants
VERSUS
Mst. IQBAL BEGUM AND ANOTHER-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 13, 14
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 read with Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958), Sched., paras. 13 & 14-Words "vacant building site" in para. 14 of Sched. to Act XXVIII of 1958 "Vacant building site" means a site on which no "permanent" building exists -----A plot of land would be building site and deemed to be a vacant site despite existence of building on it of non-permanent character -Property transferred by auction under para. 14 of Sched. to Act XXVIII of 1958 would therefore include any building standing on it which is not permanent-Whether a building is permanent or not; a question to be decided by Chief Settlement Commissioner or any officer authorised by him on that behal--f-Person in occupation of plot, building unauthorised construction and using same for residence--- Such construction an accretion to the building enjoyable by the owner of property-Plot of land with such construction thereon transferred by auction to a person---Person in occupation would be a tenant of transferee and would be deemed to be in occupation of a "house" under Ordinance vi of 1959. Mahmooda Tahsin v. Ijaz Hussain Shah P L D 1965 S C 618; Fazal ul-Haq v. Said Mohammad 1968 S C M R 113; Mohsan Khan v. Chief Settle ment Commissioner 1969 S C M R 306; Mohammad Saleh v. Chief Settlement Commissioner, Lahore P L D 1972 S C 326; M. M. Rashid v. Chief Settlement and Rehabilitation Commissioner P L D 1963 Lah. 227; Mohammad Akbar v. Government of Pakistan P L D 1966 Pesh. 132; Major J. H. Naqvi Director, Enforcement Directorate P L D 1966 S C 512; Ghulam Fatima v. Settlement Commissioner P L D 1968 S C 147; Chief Settlement Commissioner v. Jamaluddin 1968 S C M R 697; Abdul Qayyum v. Chief Settlement Com missioner P L D 1968 S C 362; Majid All Naqvi v. Additional District Judge .&c Ex Officio Settlement and Rehabilitation Commissioner 1970 S C M R 375; Shamima Khatoon v. Settlement and Rehabilitation Commissioner P L D 1967 Kar. 315; Mohammad Swalih v. Chief Settlement Commissioner, Lahore P L D 1972 S C 326 and Ghulam Hussain v. Mohammad Hayat P L D 1971 S C…