| Citation(s) |
|---|
| 1983 SLG 149 1983 SLD 149 1983 SCMR 844 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 583 of 1974, decision dated: 8-03-1976.(On appeal from the Judgment of the Lahore High Court, dated 20-11-1973, in Writ Petition No. 196 R of 1967)
MUHAMMAD AKRAM AND DORAB PATEL, JJ
Ghias Muhammad, Senior Advocate with Syed Zalnul Abidin, Advocate instructed by Sh. Masud Akhtar, Advocate on-Record (absent) for Petitioner. Iqbal Ahmad Qureshi, Advocate on-Record for
Respondent No. 1.Nemo for
Respondents Nos. 2 to 5
Civil Petition for Special Leave to Appeal No. 583 of 1974, decision dated: 8-03-1976.(On appeal from the Judgment of the Lahore High Court, dated 20-11-1973, in Writ Petition No. 196 R of 1967)
MUHAMMAD AKRAM AND DORAB PATEL, JJ
Ghias Muhammad, Senior Advocate with Syed Zalnul Abidin, Advocate instructed by Sh. Masud Akhtar, Advocate on-Record (absent) for Petitioner. Iqbal Ahmad Qureshi, Advocate on-Record for
Respondent No. 1.Nemo for
Respondents Nos. 2 to 5
TAJ DIN
VS
BASHIR AHMAD AND OTHERS
Law:
Section:
Constitution of Pakistan (1973)---Arts. 185 (3) & 199 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (12), second proviso Finding of Settlement Authorities reached on conscious application of their mind that property in dispute was indivisible Held, not open to review by superior Courts Order of High Court refusing to interfere with exercise of discretion vested in Settlement Authorities under second proviso to S. 2 (12) of Act Held, justified. Muhammad Nazir v. The Chief Settlement Commissioner, Lahore and others 1968 S C M R 1375 and Muhammad Nawaz Khan and others v. Settlement Authorities and others 1969 S C M R 964 ref. Noora v. Settlement & Rehabilitation Commissioner and another 1969 S C M R 517 ; Abdul Rashid v. Muhammad Nazir 1970 S C M R 330 ; Azizur Rehman v. Habib Bano and others P L D 1972 S C 52 and Ch. Abdur Rahim v. Sardar Abdul Aleem and others 1972 S C M R 19 distinguished. JUDGMENT MUHAMMAD AKRAM, J. The dispute in this case relates to property No. S 75 R 51, situated in Main Bazar, Old Anarkah, Lahore, a pre-dominantly commercial area. It is a composite property and consists of a shop on the ground floor and a residential premises at the top. Taj Muhammad petitioner is in possession of the First Floor while the shop is in the possession of Bashir Ahmad respondent. Both are allottees non claimants and filed their respective N. C. H. and N. C. S. forms for transfer. On the 20th November, 1959, the Assistant Settlement Commissioner, Centre 11, Lahore, with powers of the Deputy Settlement Commissioner, transferred the entire property as a single indivisible unit to the respondent as the senior allottee. The order was upheld in appeal and affirmed in Revision rejected by Khan Farzand Ali Khan, Settlement and Rehabilitation Commissioner, Lahore Division, Lahore, on the 31st October, 1960. The petitioner went up in Second Revision which was accepted by Malik Fateh Khan, Settlement and Rehabilitation Commissioner with power of the Chief Settlement and Rehabilitation Commissioner on the 8th July, 1961, with the following observations : "The rules of the Department are clear that in a commercial…
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