| Citation(s) |
|---|
| 1980 SLG 471 1980 SLD 471 1980 PLD 222 |
Supreme Court of Pakistan
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
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ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
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Ch. SADIQ ALI
VS
IMTIAZ AHMAD KHAN AND others.
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)(. 14 (1-A) [as inserted by Displaced Persons (Land Settlement) (Amendment) Act (LV of 1973] - Informer - Transfer of evacuee property-Remand (civil)-Transfer of evacuee property to informer in lieu of mukhbari-To be made after first determining its nature in light of all relevant record including revenue record-Such exercise not consciously done in case and revenue record not kept under consideration while transferring property-Matter, held, needed proper adjudication and remand order passed by High Court quite just and fair-Civil Procedure Code (V of 1908), O. XLI, r.25.-, [Remand of case]. Syed Shaukat Hussain Rizvi v. Riaz Din and others P L D 1974 S C 276 ref. (b) Displaced Persons (Land Setttetneet) Act (XLVII of 1951}_.. -- S. 14 (1-A) [as inserted by Displaced Persons (Land Settlement) (Amendment) Act (LV of 1973)] read with Displaced Persons Laws (Repeal) Act (XIV of 1975)-Informer--Right to transfer of evacuee property-1nformer's right having been statutorily recognized by insertion of S. 14 (ImA) in Act XLVII of 1958, and continued by later enactments and pending cases of informer having been saved to continue as before by Repealing Act XIV of 1975, contention that informer possessed no right to file any revision or writ petition, held, not tenable.-[Interpretation of statutes]. Shah Nawaz and others v. Member, Board of Revenue P L D 1979 S C 846 ref. Muhammad Ismail v. Chief Settlement Commissioner and others 1974 S C M R 85 held not relevant. A. R. Shaikh, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ghulam Muhammad Bhatd, Advocate Supreme Court and Mushtaq Ahmad. Advocate-on-Record for Respondents. Date of hearing: 14th July, 1980. ORDER KARAM ELAHEE CHAUHAN, J.-'This order will dispose of two petitions being Civil Petitions for Special Leave to Appeal Nos. 486/77 and 487/77. 2. It is not necessary to go into the lengthy details of the stages and the forums through which the litigation of the property in dispute passed, and it will be sufficient for the purpose of the order that we propose to pass in these cases to state, that on theβ¦
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