Case Details

Citation(s)
1982 SLG 764 1982 SLD 764 1982 PLD 413
Supreme Court of Pakistan
Civil Appeal No. 60 of 1973, heard on 10-03-1982.
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND SHAFIURREHMAN, JJ
Major Ishaq Muhammad Khan, Advocate Supreme Court and Rota Maqbool Ahmad Qadri, Advocate-on-Record for Appellant.Sardar Muhammad Iqbal, Senior Advocate Supreme Court and Rao Muhammad Yousuf, Advocate-on-Record No. 2.

BEGUM SHAMSUNNISAvsSAID AKBAR ABBASI AND ANOTHER

Law:

Section:

(a) Constitution of Pakistan (1973)Art. 185(3)-Leave to appeal to Supreme Court-Circumstances of case requiring reopening of entire case to prevent failure of justice ­Counsel of parties heard not only on questions in respect of which leave to appeal allowed but on all issues arising in case. Mst. Bibi Jan v. Habib Khan and another P L D 1975 S C 295 and Shah Nawaz v. Nawaz Khan P L D 1976 S C 767 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-. -- Press Note dated 13-2-960, para. 6-Issued by Chief Settlement Commissioner with Central Government's approval-Agreement of Association-Purchase and transfer of evacuee property by Respondent executing a power of attorney in favour of a leading Advocate-Advocate drafting agreement of association and filing it-Commission of fraud by such Advocate upon his own client and forging of agreement of association upon a blank paper-Not imaginable-Not conceivable also for marginal witnesses, both being respectable, to have joined hands with appellant to commit forgery-Respondent not protesting against transfer of property in favour of appellant on basis of agreement of association but accepting her as his landlady, starting paying rent to her and himself asserting before Rent Controller to be appellant's tenant but rent charged . being excessive required to be fixed on fair basis-Allegations of fraud and forgery in agreement of association, held, false and concoctions. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- 5. 9(3)-Powers of superintendence and control-Respondent having throughout been aware of transfer of property in favour of appellant and taken no steps to challenge same within a reasonable time, question of parties having not been heard before accepting agreement of associa­tion, held, not important - Likewise question whether Settlement Commissioner could have dealt with matter after issuance of P. T. D, and contention that in absence of reference to payment of compensa­tion association deed would be void not very material when such deed admittedly acted upon-Settlement Commissioner, held further, not obliged to interfere in exercise of his…
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