Case Details

Citation(s)
1981 SLG 3078 = 1981 SLD 3078 = 1981 SCMR 188
Supreme Court of Pakistan
Civil Petition No. 988 of 1976, decided on 19th October, 1980. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 9-8-1976 passed in W. P. 1172/R/1976).      
Presented By: Anwarul Haq, C. J., Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Ch. Muhammad Sadiq, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for
Respondents.

ABDUL HAMID--Petitioner

VERSUS

GULAB KHAN AND 2 OTHERS-Respondents

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched.-Transfer of evacuee property-Contention that after issuance of Permanent Transfer Deed in favour of petitioner, property ceased to be evacuee property and Settlement Authorities no longer possessed any jurisdiction to embark upon its demarcation and question of transfer of property could not be re-opened unless fraud or misrepresentation alleged on part of petitioner but no such allegation made-Settlement Officer having inspected spot and found room in dispute to be unquestionably part of evacuee house transferred to respondent and entrance leading to room from -- respondent's house having been recently blocked so as to amalgamate such room with house transferred to petitioner and such finding being not disturbed in appeal and revision, no compelling justification, held, existed for Supreme Court to re-open matter. Anwar Husain v. Sarfraz Ahmad P L D 1971 S C 669 ; Muhammad Hussain v. Muhammad Bashir P L D 1974 Lah. 446 and Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another 1974 S C M R 8 ref. Date of hearing : 19th October, 1980.                                                                                                                                                         ORDER ANWARUL HAQ C. J.-This petition concerns a dispute regarding the proper demarcation of one room, which the petitioner claims to be part of the evacuee house transferred to him under the Settlement law. This house bears No. MY/38-53 and is situate in Ward No. 24/6 in Pindi Bhatian in the District of Gujranwala. The permanent transfer deed for this House was issued to the petitioner on 26-6-1963. The adjoining House bearing No. MY/38-51 was similarly transferred to respondent No. 1 Gulab Khan. After repeated…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register