Case Details

Citation(s)
1979 SLG 579 1979 SLD 579 1979 SCMR 369
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 288 of 1976, decided 11th February 1979.
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
S. Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by S. Ali Imam Naqvi, Advocate on-Record for Petitioners. Malik Muhammad Qayyum, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadr4, Advocate on-Record for
Respondent No. 3

MASEH ULLAH AND ANOTHERS

VS

SETTLEMENT COMMISSIONER, LAHORE AND 2 OTHERS

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ----Sched. read with Central Government Transfer of Excess Land Order dated 22 10 1962 Transfer of excess land Contention that petitioners having succeeded up to Supreme Court being held entitled to get only one karal and some marlas while contesting respondent being held entitled to get 4 kanals and some marlas in spite of having been unsuccessful such a preposition sounded unjust Petitioners having got transfer of house under Settlement laws alongwith prescribed three times of plinth area on quite modest price of only 40 times of gross annual tent of house in 1946 whereas excess land attached to house liable to be transferred to non transferee occupants being on basis of prevailing market value, contention, held, without force. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----Sched. read with Central Government Transfer of Excess Land Order dated 22 10 1962 Transfer of excess land Contention that property according to Town Planner having fallen in a zone of 4 kanals residential plots petitioners entitled to at least 4 kanals of excess land Scheme referred to having not yet been sanctioned by Govern¬ment and in any case such scheme having no authority to override settlement laws, Town Planner's letter, held, of no relevance. ORDER NASIM HASAN SHAH, J. This petition is ' directed against the order dated the 13th February 1976, passed by the Lahore Court in Writ Petition No. 1333 R of 1974. . The relevant facts are that Property No. S 77 R 7 known as 8 Jail Road, Lahore, was in possession of different persons. The same was held to be two houses and transferred to the petitioners (Maseeh: Ullah and Bashir Ullah) and Mrs. Siddiqui. This order of transfer was, despite protracted litigation, upheld by this Court vide order dated 22 12 1969. The total area of the entire bungalow, at the time of Partition, was 10 kanals 15 marlas and 37 sq. ft. One portion of it was as already stated, transferred to Mrs. Siddiqui alongwith three times plinth area and there is no dispute about the transfer in her favour. The other portion occupied by the petitioners and…
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