Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) & 199 -Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 read with Reconstituted Settlement Scheme No.VIII, para. 2, proviso--Transfer of evacuee shops--Resump­tion of property for non-payment of price--Contention that no relief in discretionary jurisdiction of High Court should have been allowed to respondent who was guilty of laches in not making payment of price for nearly 13 years---Held, without force because respondent derived protection from a legal provision making order of resumption illegal and without jurisdiction--Leave to appeal refused. Zaki-ud-Din Paul, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Maqbool Sadiq, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-Record for Respondents. Date of hearing: 8th February, 1984. ORDER M.S.H. QURAISHI, J.--- The dispute relates to transfer of shop No.C-58/A to Mod Bazar, Rawalpindi. This and the adjoining shop No.C-58/B had been purchased in open auction by respondent Mst Inayat Begum on 2-5-1962 for Rs.14,500 and Rs.15,000 respectively. She deposited tier compensation book with a deferred payment of Rs.11,000 for adjustment against the transfer price of the shops. It appears that the entire amount available in the compensation book was adjusted towards the price of Shop No.C-58/B only and as no entry of payment had been made for the disputed shop, the Deputy Settlement Commissioner resumed the same by order dated 27-12-1975. The petitioner being in possession of the shop, it was transferred in his favour under Scheme No. VIII on 23-7-1976. On coming to know of it, Mst. Inayat Begurn moved an application for setting aside the resumption and for restoration of the shop but the same was rejected on 4-9-197 She thereupon challenged the resumption order in the constitutional jurisdiction of the Lahore High: Court. A learned single Judge of the Court found, after perusal of the record, that in fact one-fourth of the bid money had been adjusted from the compensation book of Ms, Inayat Begum against both the shops at the time of the auction. He,…

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