Case Details

Citation(s)
1983 SLG 602 1983 SLD 602 1983 PLD 664
Lahore High Court
Writ Petition No. 20-R of 1983, decided on 5th July, 1983.dates of hearing : 20th, 25th and 27th June, 1983
RUSTAM S. SIDHWA, J
Kh. Mushtaq Ahmad for Petitioner. Nemo for
Respondents Nos. 1 to 4 and 8. Anwar Beg Mirza for
Respondent No. 5. Nazir Akhtar, Bashir Ahmad Ansari and Samad Mahmood for
Respondents Nos. 6 and 7

IFTIKHAR-UDDIN AND othersvsCHIEF SETTLEMENT COMMISSIONER//MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE AND others--Respondents

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)- -- S. 10-Provisional Constitution Order (1 of 1981), Art. 9-Petitioners bona fide purchasers of property from transferee-Settlement Authority cancelling property from name of transferee, on ground that one Compensation Book filed by him was bogus-No notices given to petitioners and property transferred to respondents -Respondents also not intimating to petitioners at any earlier stage about surruptitious manner in which trying to secure property holding as tenant under one of petitioners-Respondents suppressing in affidavits filed before Settlement Authority fact of litigation about property, which they were duty bound to disclose-Respondents, held, guilty of fraud and secured transfer order by suppressing facts-Contention that petitioner, being ex-partner of transferee and has knowledge of all proceedings and various orders passed against him as such guilty of laches or acquiescence, has no force in circumstances of case. Mst. Tai Bano's case P L D 1983 S C 183 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (1XV111 of 1958) -- S. 10-Provisional Constitution Order (1 of 1981), Art. 9-Settlement Authority cancelling P. T. D. of transferee on ground that Compensation Book was bogus-Record not showing as to haw, when, by whom and for what reason one of Compensation Book submitted by transferee found to be bogus-Transferee not privy to preparation of bogus Compensation Book-P. T. D. issued to transferee, held, could not be cancelled for fraud or misrepresentation in circumstances of case. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958) -- S. 10-Provisional Constitution Order (1 of 1981), Art. 9-Settlement Scheme No. V11I, para. 2 (before amendment)-P. T. D., cancellation of-Compensation Book offered for adjustment found to be bogus and full payment not made-Settlement Department, held competent to cancel P. T. D. in such circumstances notwithstanding more than 25 of full price stood deposited-Petitioners bona fide purchasers of disputed property for valuable consideration from transferee, without notice of any defect of title…
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