| Citation(s) |
|---|
| 1983 SLG 243 1983 SLD 243 1983 SCMR 274 |
Supreme Court of Pakistan
Civil Petition No. 88/R of 1982, decision dated: 11-10-1982.hearing DATE : 6-10-1982.(On appeal from the judgment dated 27 2 1982 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Settlement Appeal No. 18 of 1970)
NASIM HASSAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Khan Imtiaz Muhammad Khan, Advocate on-Record for Petitioner.Kh. Muhammad Farooq, Advocate Supreme Court and Karam Elahi Bhatti, Advocate on-Record for
Respondents Nos. 1 and 3 to 8.Nemo for
Respondent No. 9
Civil Petition No. 88/R of 1982, decision dated: 11-10-1982.hearing DATE : 6-10-1982.(On appeal from the judgment dated 27 2 1982 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Settlement Appeal No. 18 of 1970)
NASIM HASSAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Khan Imtiaz Muhammad Khan, Advocate on-Record for Petitioner.Kh. Muhammad Farooq, Advocate Supreme Court and Karam Elahi Bhatti, Advocate on-Record for
Respondents Nos. 1 and 3 to 8.Nemo for
Respondent No. 9
CHAIRMAN, DISTRICT EVACUEE TRUST COMMITTEE, RAWALPINDI
VS
MUHAMMAD NAWAZ AND 8 OTHERS
Law:
Section:
Constitution of Pakistan (1973)-- Art. 185 (3) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 4 (3) Transfer of property ¬Dispute relating to question whether property sought to be transferred lay within one Khasra number or other Sole objection raised in petition that application for getting disputed property demarcated was not decided by High Court turning out to be unfounded ¬Leave to appeal refused. ORDER NASIM HASAN SHAH, J. This petition for leave to appeal is directed against the judgment dated 27 2 1982 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench in Settlement Appeal No.18 of 1970. The dispute is whether the property bearing Nos. G 177 to G 190 situate on Liaqat Road, Rawalpindi is evacuee property simpliciter or evacuee trust property. The Settlement Commissioner, Rawalpindi exercising the powers of the Chief Settlement Commissioner, on a reference made by the Chairman, District Evacuee Trust Committee, Rawalpindi, under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, held in his order dated 20 12 69 that the property in dispute was not attached to any Religious or other Evacuee Trust and, therefore, was an evacuee property which could be transferred under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The appeal against the said order to the High Court having failed hence this petition for leave to appeal. It was common ground between the parties that the property situate in Khasra Nos. 1125, 1126, 1127 and 1129 in Rawalpindi Estate constituted Evacuee Religious Trust Property but the property situate in Khasra No. 1124 did not do so. The question, therefore, was whether the property in dispute was located in Khasra Nos. 1125, 1126, 1127, 1129 or in Khasra No. 1124. The Settlement Commissioner found that the property lay in Khasra No. 1124 and not in Khasra Nos. 1125, 1126, 1127 and. 1129. An application was, therefore, also moved in the High Court praying for demarcation in order to clarify the position. The High Court held that it was not established that the property lay in Khasra Nos. 1125, 1126, 1127 and…
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