Case Details

Citation(s)
1982 SLG 462 1982 SLD 462 1982 SCMR 767
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 696 of 1975, decision dated: 4-04-1981.(On appeal from the judgment dated 11-3-75 of the Lahore High Court in Writ Petition No. 740-R of 1969)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Sh. Masud Akhtar, Advocate-on-Record for Petitioner. Major M. Ishaq, Advocate Supreme Court and Tan& Ahmad, Advocate-on-Record for
Respondents.

Mst. TAMKEEN KHATOON

VS

SETTLEMENT COMMISSIONER, LAHORE DIVISION LAHORE AND OTHERS

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- Sched. I read with Memo. No. 301-PI-Reh.-60, dated 9-1-1960 (printed at p. 104 of Settlement Manual)-Transfer of excess area­ Question whether occupants of servants quarters entitled to area found in excess of area transferable to occupant of main building having been raised in a previous case and leave to appeal granted and same question having arisen for determination in case in hand leave to appeal granted-Leave to appeal also granted to consider whether absence to specify reason for asserting that respondents had obtained area in excess of their entitlement precludes petitioner to raise such specific objection at leave to appeal stage.-[Leave to appeal]. Civil Petition for Leave to Appeal No. 1566 of 1980 ; Sahibzada Syed Muhammad Mann Mirza v. Jahangir R. Rustomji and another P L D 1980 S C 64; Abdul Hamid Khan v. Settlement & Rehabilitation Commissioner, etc. P L D 1966 S C 719 and Muhammad Siddique, etc. v. Ch. Sarfraz, etc. C. P. S. L. A. No. 1566 of 1980 ref. ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 11.3-1975 passed by a learned Single Judge of the Lahore High Court in Writ Petition No. 740-8 of 1969. The relevant facts are that the petitioner is in occupation of four servant quarters attached to a big bungalow bearing Property No. S-42-R-27, Race Course Road, Lahore. She had submitted a C. H. form for its transfer which was rejected on the ground that she being in possession of the servant quarters was not entitled -to the transfer of the property. The petitioner challenged this determination right up to the High Court by filing writ petition (W. P. No. 208-R/ 62) which, however, was rejected on 30-4-1962. In the meanwhile, the bungalow was transferred to one Zamani Begum under the Earmarking Scheme, who associated respondents 2-8 in the transfer and were issued P. T. D. on 16-6-1962. On 22-10-1962, a Press note was issued by the Chief Settlement Commissioner with regard to the transfer of the excess land attached to the houses of non-transferee occupants. The petitioner filed an application on 29-10-1962 stating that respondents had…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492