Case Details

Citation(s)
1985 SLG 457 1985 SLD 457 1985 SCMR 352
Supreme Court of Pakistan
Civil Appeal No.28 of 1972, decision dated: 5-04-1983
MUHAMMAD HALEEM, ACTG. C.J, SHAFIUR REHMAN, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ MUHAMMAD AFZAL ZULLAH, SHAFIUR REHMAN AND MIAN BURHANUDDIN KHAN, JJ

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WALL MUHAMMAD and others

VS

INAMUL HASSAN KHAN and others

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Limitation Act, 1908

Section: 5

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10(b)

(a) Constitution of Pakistan (1973)--Art.185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10(b)--Notification No.151-Secy/RW-60, dated 30-5-1960--Transfer of big mansion on basis of offer at least 50 years gross annual rent of such mansion for 1946--Leave to appeal granted to examine contention whether summary disposal of matter by delegatee Settlement Commissioner was in conformity with assurance given on behalf of Chief Settlement Commissioner in appellants writ petition that in view of their higher offer case would be reviewed by him suo motu and further as to whether Settlement Commissioner, who was invested with powers of Chief Settlement Commissioner, was not competent to deal with the matter i.e. sun moto review op order approving offer made by other party and lastly whether decision of High Court was right in holding that appellants' Letters Patent Appeal was time barred. (b) Law Reforms Ordinance (XII of 1972)-- ---S.3--Limitation Act (IX of 1908). S.5--Letters Patent Appeal filed beyond prescribed period of 20 days and an application under S.5, Limitation Act, 1908 was presented for condonation of delay--Explanation for delay furnished by appellants duly examined and in the ultimate analysis High Court held that no sufficient Around was made out for condonation of delay--High Court also observing that a valuable right in the meanwhile had been created in favour of respondents which could not be lightly interfered with by accepting time barred appeal-­Supreme Court, on examination of finding declined to differ from the same that being unexceptionable. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---Ss.10(b), 20(2) & 32-A--Notification No.1313/Admn-Reh./62, dated 26-4-1962--A offering to purchase big mansion at price of 50 times of its gross annual rental value as prevailing in year 1946--R by an application raising his offer to 55 years annual rental value which was accepted by department and intimation to that effect conveyed to R--A having learnt same made a further Offer raising bid to 60 years rental value which was not considered by department, as property in question had…
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