Case Details

Citation(s)
1981 SLG 550 1981 SLD 550 1981 SCMR 985
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 173 of 1980, decided, on 26-11-1980.(On appeal from the judgment and order of the Lahore High Court, dated 5-12-1979, in I. C. A. No. 195 of 1979)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
Sh. Manzoor Ahmad, Advocate Supreme Court and Ch. Muhammad Aslam Advocate-on-Record for Petitioner. Muhammad Hussain A wan, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for
Respondents.

DR.MUHAMMAD AFRAZ BHATTI

VS

DEPUTY SETTLEMENT COMMISSIONER ETC.

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Transfer of property-Concurrent finding of Settlement Authority and High Court on question of fact whether transfer order in dispute genuine or fictitious-No omission or misreading of evidence or violation of any principle of law pointed out-Held, no interference called for in matter. ORDER KARAM ELAHEE CHAUHAN, J.-This is a petition against an order dated 5-12-1979, passed in an Inter-Court Appeal by a Division Bench of the High Court, whereby an order dated 3-6-1979 of a Single Judge, dismissing Writ Petition No. 576-R of 1979 was maintained. The dispute in this case is about a small piece of land bearing No. E/1937, situated in Koocha Chak Talian inside Lohari Gate, Lahore. To avoid the unnecessary details and confining our­ selves to the strict relevant facts it may be mentioned that the Deputy Settle­ merit Commissioner by his order dated 12-5-1979, after going through all the attending facts and detailed history of the case held that this plot had been rightly transferred to Muhammad Yasin, respondent No. 2, herein on 23-5-1960. The petitioner claims this property on the basis of an auction which was held long after the aforesaid transfer on 30-12-1970, in…
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