Case Details

Citation(s)
1984 SLG 717 1984 SLD 717 1984 SCMR 961
Supreme Court of Pakistan
Civil Petition No. 1023 of 1976, decision dated: 9-05-1984 (On appeal from the Judgment and Order dated 20-8-76 of the Lahore High Court, passed in Writ Petition No. 2331-R of 1966)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ

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Syed AMJAD ALI AND others

VS

. MIAN BROTHERS & CO. AND others--Respondents

Law:

Section:

Constitution of Pakistan (1973)------ Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Bid given and accepted for Property No. 67 and not one bearing No. 67-A which was established to be a separate property-Auction notice also supported bid-sheet giving same number and description of property-Number of both properties being distinct, bidder could only legally claim property bearing No. 67 for which he had given offer, which was duly accepted-Contractually bidder was bound by what was sold - Settlement Commissioner thoroughly going into such question of fact and High Court giving due effect to that - Supreme Court declined to interfere-Petition for leave to appeal dismissed. Dilawar Mehmood, Senior Advocate and? M. A. Qureshi, Advocate-on-Record (absent) for Petitioners. Shahzad Jehangir, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 9th May, 1984. ORDER MUHAMMAD HALEEM C. J.----Property bearing No. S-19-R-67 known as Chopra Building. The Mall, Lahore, was disposed of as a big mansion by public auction on 12th of August, 1959. The petitioners gave the Highest bid of Rs. 8,10,000, which was confirmed on 8th of October, 1959. The petitioners paid the full price thereof. The petitioners then applied to the Deputy Settlement Commissioner - the demarcation of the property as, according to them, the property; atoned also included the workshop behind the building to the possession which they were also entitled. This application was referred to the Deputy settlement Commissioner (Industries) for disposal who held by his order, dated 14th of July, 1962, that this workshop which was in possession of respondent No. I was a part and parcel of Property No. S-19-R-67. This order was confirmed in appeal by the Additional Settlement Commissioner (Industries), Lahore on 1-11-1962, but the Settlement Commissioner, Lahore, while disposing he revision filed by respondent No. I hold that the workshop was a pa t of property bearing No S-19-R-67-A and not the property auction. The petitioners, accordingly, challenged this order, dated 14-5-1963 through a writ petition in the Lahore High…
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