Case Details

Citation(s)
1980 SLG 617 1980 SLD 617 1980 PLD 332
Lahore High Court
Criminal Revision No. 104 of 1978/P. S. L. A. No. 21 of 1978, decided on 4th February 1980. dates of hearing :-3rd and 4th February 1980
MUHAMMAD ZAIN-UL-ABIDIN, J
Ch. Muhammad Farooq for Appellant

Hakim MUHAMMAD ISMAIL HABIBIer

VS

MUHAMMAD QASIM KHAN AND 2 others--Respondents

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)- 5.28 read with S.27-Complaint under S. 28-Locus stand Authority to file complaint in respect of offence committed under S. 27-Held : None other than Chief Settlement Commissioner himself and complaint filed by a Deputy Settlement Commissioner incompetent.-[Complaint]. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXIII of 1958} -- Ss. 27 & 2F-Respondent on coming to know that joint compensation book had already been prepared in his and in name of his brother, surrendering compensation book-No amount of compensation in excess of entitlement of respondent either attempted or in fact obtained by him-Clause (b) of S. 27, held, not attracted to such a case of bona fide mistake. (c) Criminal Procedure Code (V of 1898) 5. 439 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 27 & 28-Revision (criminal)-Locus standi-Petitioner coming into contact with property in dispute between parties through association on cash terms with auction-purchasers Writ petition filed by petitioner and auction-purchaser challenging order of Settlement Commissioner, holding auction of property as void, dismissed on merits-Petitioner, held, an unconcerned person with offence allegedly committed in context of Ss. 27 & 28 of Displaced Persons Act and hence possessed no right to file criminal revision Petition dismissed, iii circumstances.-[Locus standiJ. JUDGMENT The petitioner acquired an interest in a property through an association on cash terms with the auction-purchasers in the year 1967 and that is the subject-matter of dispute in Writ Petition No. 14-R/76 between the parties. Respondent No. 1 is a claimant displaced person and was in possession of one room of the disputed property at the commencement of Settlement operations for which he submitted a C. H. form on 15-2-1967 and that was entertained by the Additional Settlement and Rehabilitation Commissioner on 16-2-1960. 2. The petitioner after obtaining the documents of title served a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act on the respondent who…
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