Case Details

Citation(s)
1984 SLG 489 1984 SLD 489 1984 SCMR 377
Supreme Court of Pakistan
Civil Appeal No. 102 of 1974, decision dated: 3rd May, 1983 (On appeal from the judgment of Lahore High Court, dated 5th October 1973 in Writ Petition No. 417-R of 1973)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ

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Mst. MUSHAROFA BEGUM--Appellant

VS

. Syed NAYYAR HUSSAIN AND others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 185 (3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Leave to appeal granted to consider whether price of property could be increased after issuance of P. T. D. in favour of petitioner. (b) Constitution of Pakistan (1973)--- --Art. 199-Writ jurisdiction of High Court-Findings of fact cannot be interfered with by High Court in its writ jurisdiction-Interference sought likely to work in aid of injustice-Held, would bar issuance of a writ.-[Finding of fact]. (c) Constitution of Pakistan (1973)--- --Art. 185 (3)-Displaced Persons (Compensation and Rehabilitation) Art (XXVIII of 1958) read with Permanent Transfer (Houses and Shops) Rules, 1961-Dispute over transfer of property---Question regarding apportionment and fixation of price agitated contemporaneously with issuance of P. T. D. subject to correction of price in accordance with facts-Refusal by Settlement Commissioner to interfere with order of Additional Settlement Commissioner found to be justified-Appeal dismissed. Talib Haider Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record for Appellant. S. Wajid Hussain, Advocate-on-Record (absent) for Respondent No. 1. Respondents Nos. 2 to 4: Ex parte Date of hearing: 3rd May, 1983. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through special leave arising out of an Urban Settlement Case is directed against the judgment of Lahore High Court, dated 5-10-1973, whereby the petitioner's writ petition relating to an allegedly illegal increase in the price of the property transferred to her, was dismissed. Leave to appeal was granted to consider whether the price could be increased after the issuance of the P. T. D. in favour of the petitioner. We have heard the learned counsel at some length. Firstly he contended that the P. T. D. having been issued on 25th of January, 1962, wherein the price of the property transfers ed to her was calculated on the assumption that the rent was Rs. 120 P.A. Subsequently, however, according to the learned counsel on proceedings allegedly illegally initiated by respondent No. 1 who was the transferee of another but adjacent property belonging…
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