Case Details

Citation(s)
1981 SLG 3421 = 1981 SLD 3421 = 1981 CLC 543
Court of Special Judge, Karachi
Constitutional Petition No. 863 of 1975, decided on 10th May, 1980.
Presented By: Zaffar Hussain Mirza, J
Akhtar Mahmood for Petitioner. Ismail Munshi for
Respondent No. 1.
Respondent No. 2 (absent) .

Haji HABIB-Petitioner

VERSUS

HAJI MUHAMMAD AND ANOTHER-Respondents

Law: Permanent Transfer (Houses and Shops) Rules, 1961

Section: rr.6, 7

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7--P. T. D. (Permanent Transfer Deed)- Re-determination of entitlement-Rules 6 & 7 having been deleted no power left with Settlement authorities to deal with property title to which already passed on to transferee under a P. T. D. so as to alter, vary or, amend such P. T. D. even on ground of misrepresentation or fraud-Power to be exercised under rr. 6 & 7, even otherwise, held, does not extend to re-determination of question of entitlement to any portion of property transferred by means of a P. T. D. Anwar Hussain v. Sarfaraz Ahmed P L D 1971 S C 669 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7-P. T. D. (Permanent Transfer Deed)- Re-determination of…
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