| Citation(s) |
|---|
| 1982 SLG 474 1982 SLD 474 1982 SCMR 788 |
Supreme Court of Pakistan
Civil Petition No. K-243 of 1974, decision dated: 11-02-1981. dates of hearing : 1st and 2-02-1981
ANWARUL HAQ, C.J., SHAFIUR REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
M. Hayat Junejo, Senior Advocate with Noor Ahmed Noori, Advocate-on-Record for Appellant. Fazali Ghani Khan, Advocate with Wakil Ahmad Kidwae, Advocate-on-Record for
Respondent. Sh. Abdul Sattar Addl. AG. and S. M. Abbas, Advocate-on-Record for the Stat
Civil Petition No. K-243 of 1974, decision dated: 11-02-1981. dates of hearing : 1st and 2-02-1981
ANWARUL HAQ, C.J., SHAFIUR REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
M. Hayat Junejo, Senior Advocate with Noor Ahmed Noori, Advocate-on-Record for Appellant. Fazali Ghani Khan, Advocate with Wakil Ahmad Kidwae, Advocate-on-Record for
Respondent. Sh. Abdul Sattar Addl. AG. and S. M. Abbas, Advocate-on-Record for the Stat
M. M. K. A. ZAI
VS
SETTLEMENT COMMISSIONER, KARACHI AND ANOTHER
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S. 20-Revision-Cancellation of P. T. O. -Jurisdiction-Proceedings for sale of a big mansion initiated, only four municipal property numbers mentioned in advertisement and reserve price indicated as Rs. 9,95,040-Corresponding Custodian numbers also mentioned in advertisement but survey register of Custodian department being full of errors. alterations, and erasions not reliable-Big mansion under consideration having several blocks or portions just possible for authorities to have decided to dispose of only four portions thereof Petitioner on being asked by Settlement authority whether he would be willing to offer at least Rs. 9,95,040 being 40 times annual rent of mansion as prevailing in 1946, accepting offer and agreeing to pay 40 years rental value of 1946-47-Negotiations thus concerned purchase of only four units-Petitioner subsequent to his offer requesting Settlement authority to note an additional Municipal Corporation number of mansion concerned to be noted in P. T .D. stating same to form part of area comprised in mansion and on its basis such fifth property number also included in P. T. O. by Settlement authority--Forty years rental- value of fifth unit coming to Rs. 3,90,240 when added to value of other four units aggregate value corning to Rs. 13,85,280, and petitioner having purchased property on basis of 40 years rental value, fifth unit, held, formed no part of transaction of sale and Settlement Commissioner acted rightly in directing same to be deleted front P. T. D.-.[Revision (civil)-Jurisdiction]. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXV1I1 of 1958)- --- S. 20-Revision-Impleading of parties-Contention that associates of petitioner (purchasing parties) having not been made parties to proceedings, P. T. O. could not be amended or cancelled-Held, Associates in circumstances ought to have come forward and raise objection--Proceedings against petitioner not vitiated for such reason particularly when all proceedings conducted by petitioner acting as attorney on behalf of all purchasers. (c) Displaced Persons (Compensation and Rehabilitation) Act…
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