Case Details

Citation(s)
1984 SLG 446 1984 SLD 446 1984 SCMR 250
Supreme Court of Pakistan
Civil Petition No. 704 of 1979, decision dated: 6-08-1983 (From the judgment dated 26-6-1979 of the Lahore High Court passed in Writ Petition No. 382/R of 1972)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ

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ABDUL AZIZer

VS

. MAHMOODULHASSAN AND others--Respondents

Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Filing of L. S. Form by petitioner ­Rejection of such Form for reason that shop was not "available" ­Property resumed for non-payment Petitioner applying for transfer of such property, transfer order issued in his favour and notice for payment of balance price also issued to petitioner-Property in the meantime again auctioned in favour of same transferee-Settlement Commissioner holding that rejection of petitioner's earlier Form became final--Leave to appeal granted to consider question whether Settlement Commissioner had erred in treating rejection of earlier Form to be a hurdle in way of second Form filed by petitioner and that High Court ought to have interfered with same. Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 6th August, 1983. ORDER M. S. H. QURAISHI, J.-The petitioner bad filed L.S. Form on 14-10-1966 for transfer of shop No. 6/49-A, Saddar Bazar, Mandi Bahauddin, District Gujrat under Scheme No. VIII but the Form was rejected on 14-4-1967 for the reason that the shop was not available as it had already been auctioned on 29-8-1960. The petitioner's revision failed on 25-11-1967. The shop was, however, resumed on 1-10-1969 for non-payment of its price and the petitioner again applied for its transfer on 2-10-1969 and it is his case that a Transfer Order was issued in his favour on 1-12-1969 and he was also issued a notice on 31-3-1970 for payment of the balance price. He, however, came to know…
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