| Citation(s) |
|---|
| 1975 SLG 3023 = 1975 SLD 3023 = 1975 SCMR 67 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 194 of 1965 and 109 of 1.974, decided on 7th October 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 6th of November 1973, in Writ Petition No. 815/R of 1967).(On appeal from the order of the High Court of West Pakistan, Lahore dated the 17th of March 1965, in Letters Patent Appeal No. 254 of 1964). Civil Petition for Special Leave to Appeal No. 109 of 1974
Presented By: Salahuddin Ahmed and Anwarul Haq, JJ
Civil Petition for Special Leave to Appeal No. 194 of 1965 Ch. Khalilur Rahman, Advocate-on-Record for Petitioner. Nemo for
Respondents. Civil Petition for Special Leave to Appeal No. 109 of 1974 Raja Muhammad Akram, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate on-Record for Petitioner. Fazle Mahmood, Advocate Supreme Court instructed by M. D. Chaudhry, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos. 2 to 4.
Civil Petitions for Special Leave to Appeal Nos. 194 of 1965 and 109 of 1.974, decided on 7th October 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 6th of November 1973, in Writ Petition No. 815/R of 1967).(On appeal from the order of the High Court of West Pakistan, Lahore dated the 17th of March 1965, in Letters Patent Appeal No. 254 of 1964). Civil Petition for Special Leave to Appeal No. 109 of 1974
Presented By: Salahuddin Ahmed and Anwarul Haq, JJ
Civil Petition for Special Leave to Appeal No. 194 of 1965 Ch. Khalilur Rahman, Advocate-on-Record for Petitioner. Nemo for
Respondents. Civil Petition for Special Leave to Appeal No. 109 of 1974 Raja Muhammad Akram, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate on-Record for Petitioner. Fazle Mahmood, Advocate Supreme Court instructed by M. D. Chaudhry, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos. 2 to 4.
Civil Petition for Special Leave to Appeal No. 194 of 1965 AHMAD KHAN-Petitioner
VERSUS
CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND OTHERS-RespondentsMUHAMMAD HANIF-Petitioner versus Mst. ZAKIA SULTANA AND OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Section: 10(b)
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 10(b) read with Chief Settlement Commissioner's Press Notes dated 7th April 1960, and 29th September 1960-Allotment to in former-Press Notes of Chief Settlement Commissioner dated 7-4-1960 and 29-9-1960-Former not legally tenable and latter applicable merely to "hidden evacuee property" and not to property treated by both parties as evacuee property-Petitioner's grievance being confined to opposite-party being a local and putting N. C. H. form fraudulently, petitioner, held, not entitled to transfer on basis of Press Notes. Date of hearing : 7th October 1974. ORDER SALAHUDDIN AHMED, J.-These two petitions concern the same subject -matter, namely, house No. 43-B, Model Town, Lahore, and they have been heard together and are now being disposed of under one order. Civil Petition No. 109 of 1974 is from the order of a learned Single Judge of the Lahore High Court allowing the writ petition filed by respon dent No. 1 Mss. Zakia Sultana and declaring the order of transfer dated the 9th of February 1961, made by the Deputy Settlement Commissioner in favour of petitioner Muhammad Hanif to be without lawful authority and of no legal effect. The N. C. H. Form filed by respondent No. 1 was directed to be decided by the Settlement authorities in acc6rdance with law. The case of the respondent was that she had been living in the house with her husband Ahmad Khan, an allottee of the house, since 1947. Upon the commencement of Settlement operations, Ahmad Khan had filed N. C. H. Form and the house was transferred to him on the 19th of December 1959. On the 27th of December 1960, upon some information supplied by the petitioner, the…