Case Details

Citation(s)
1984 SLG 978 1984 SLD 978 1984 SCMR 1471
Supreme Court of Pakistan
Civil Appeal No.428 of 1980, decision dated: 11-01-1984 (On appeal from the judgment dated 28-4-80 of the Lahore High Court in W.P.315-R/1972)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFI UR RAHMAN, JJ

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MUHAMMAD RAFIQ--Appellant

VS

. SETTLEMENT COMMISSIONER, Lahore High Court and others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)-----Arts. 185 (3) & 199-- Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), S.10 & Sched., para. 23--Dispute over transfer of property through public auction--Leave to appeal--Granted to consider order of High Court passed in writ petition in favour of one of respondents. (b) Constitution of Pakistan (1973)-- ---Art.185-- Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 and Sched., para.23-- Dispute over transfer of evacuee shop through public auction--Parties, after arguments, agreeing to enter into compromise with regard to dispute--Such compromise found to be fair and just solution of dispute between two auction-purchasers and accepted--Appeal allowed in terms of compromise. Mian Nisar Ahmad, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Appellant. Sh.M.Naseem, Advocate Supreme Court and Walayat, Advocate-on-­Record for Respondents. Date of hearing: 11th January, 1984. ORDER NASIM HASAN SHAH, J.-- This appeal, by leave of this Court, is directed against the judgment, dated 28-4-1980 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.315-R of 1972. The following statement of facts will suffice for the order we propose to make in this Court. An evacuee property bearing No.S-III-3-S-7 situate in Kabir Street, Lahore was ordered to be disposed of through an open public auction. Mst. Zohra Bibi, Respondent No.4 herein, offered the highest bid of Rs.25,000 and was ordered to be transferred the shop after the confirmation of the bid by the Chairman, Auction Committee on 9-4-1963. However, although she did pay some part of the transfer price of the shop but did not pay its full price in accordance with the terms of the auction the same was accordingly cancelled and the property again put to auction which was purchased by the appellant for Rs.7,000 on 28-4-1969. He paid the full transfer price and obtained the P.T.D. He also got occupation of the shop by ejecting the occupant by taking proceedings under the Rent Restriction Ordinance. Thereafter, it appears, he converted the property into two shops; one of it has been given…
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