| Citation(s) |
|---|
| 1982 SLG 144 1982 SLD 144 1982 SCMR 80 |
Supreme Court of Pakistan
Civil Appeal No. 111 of 1973, decision dated: 25-10-1981.(On appeal from the judgment and order dated 19-2-1973, passed in L. P. A. No. 69 of 1966, by the Lahore High Court, Lahore)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ
A. R. Shaukat, Senior Advocate Supreme Court with Muhammad Aslant Chaudhry, Advocate-on-Record for Appellant. M. Z. Khalil, Advocate-on-Record for
Respondent No. 1.
Civil Appeal No. 111 of 1973, decision dated: 25-10-1981.(On appeal from the judgment and order dated 19-2-1973, passed in L. P. A. No. 69 of 1966, by the Lahore High Court, Lahore)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ
A. R. Shaukat, Senior Advocate Supreme Court with Muhammad Aslant Chaudhry, Advocate-on-Record for Appellant. M. Z. Khalil, Advocate-on-Record for
Respondent No. 1.
Sh. ABDUL HAMID
VS
ABU KHURSHID HAQQANI AND 2 OTHERS
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Sched. I-Transfer of evacuee house-Portion applied for by appellant described in form as not being in occupation of any other person-Ground floor of unit in question found occupied by other party-Appellant having applied for only portion in his possession and he being in possession of first floor, transfer of portion possessed by him, held, rightly ordered by Settlement Authorities and such order could not be taken exception to neither in writ jurisdiction of High Court nor could be urged with success before Supreme Court-Transfer of first floor to appellant if treated as exercise of powers of division by authority appellant, held further, could not be treated as an aggrieved person regarding transfer of other portion to respondent same having become an independent unit by operation of law. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal is directed against the judgment dated 19-2-1973 of the Lahore High Court, on Letters Patent Appeal No. 69 of 1966, whereby in an urban settlement case, it was found that the ground floor portion of Unit 'A' in an evacuee building, stood transferred to respondent No. 1 as a result of an order of the Additional Settlement Commissioner which not having been challenged by the appellant, had attained finality. To this extent the order of the learned Single Judge in the High Court whereby the respondents' writ petition was dismissed was modified. The circumstances leading to the aforenoted proceedings were that the property No.SE 10-R-27 Nicholson Road Lahore which consisted of independent units was in possession of many persons. The petitioners a non-claimant was in possession of first floor of unit 'A' therein one Mst. Asghari Begum, a claimant. Was in possession of the ground floor of the same Unit. A: K. Haqqani respondent No. 1, a claimant, was in possession of the first floor a Unit 'C'. In the first round of proceedings, it was noted (but wrongly) that the appellant had not submitted any form for unit 'A' and Mst. Asghari Begum having submitted a C. H. form had withdrawn the same, therefore, it was transferred to respondent No. I on his C. H.. form. In…
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