| Citation(s) |
|---|
| 1981 SLG 3114 = 1981 SLD 3114 = 1981 SCMR 253 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-192 of 1980, decided on 13th January, 1981. (On appeal from the judgment and order of the Sind High Court dated 19-5-1979 in Misc. A. 15 of 1973).
Presented By: Dorab Patel, Actg. C. J. and 3 Mushtaq Hussain, J
Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829 ref. Zahiruddin, Advocate for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. K-192 of 1980, decided on 13th January, 1981. (On appeal from the judgment and order of the Sind High Court dated 19-5-1979 in Misc. A. 15 of 1973).
Presented By: Dorab Patel, Actg. C. J. and 3 Mushtaq Hussain, J
Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829 ref. Zahiruddin, Advocate for Petitioner. Nemo for
Respondents
DR. MUHAMMAD YAQUB SHEIKH-Petitioner
VERSUS
CHAIRMAN, EVACUEE PROPERTY AND OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Section: 4(3)
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 4(3)-Contention that Settlement Commissioner concerned having no jurisdiction to bear and decide application of respondent relating to property in another Province, after target date fixed by Federal Government and Settlement Commissioners of Provinces in West Pakistan could only hear and decide matters relating to property situated within their respective Provinces-Held, Settlement Commissioner having passed order in his dual capacity as Chairman, Evacuee Trust Property Board and Settlement Commissioner and petitioner having obtained favourable order from such authority cannot be 10 permitted to challenge his jurisdiction.-[Jurisdiction]. Date of hearing, 13th January, 1981. ORDER DORAB PATEL, AL-TG. C J.-The dispute in tins petition for leave relates to a property in Hyderabad which became evacuee on the migration of its owner to India. Therefore, on the assumption that the property had passed to the compensation pool it was auctioned by the Settle a Department on the…