| Citation(s) |
|---|
| 1985 SLG 514 1985 SLD 514 1985 SCMR 538 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 398 of 1981, decision dated: 21st August, 1984. (From the judgment and order of the Lahore High Court dated 27-1-1981 in Writ Petition No.49-R of 1981)
MUHAMMAD AFZAL ZULLAH AND M.S.H.QURAISHI, JJ
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Civil Petition for Special Leave to Appeal No. 398 of 1981, decision dated: 21st August, 1984. (From the judgment and order of the Lahore High Court dated 27-1-1981 in Writ Petition No.49-R of 1981)
MUHAMMAD AFZAL ZULLAH AND M.S.H.QURAISHI, JJ
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CHAND KHAN
VS
DEPUTY SETTLEMENT COMMISSIONER and others
Law:
Section:
Constitution of Pakistan (1973)---Arts. 185(3) & 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Transfer of property-Petitioner after submitting N.C.H. form, taking no steps for 20 years to seek transfer--High Court declined relief in its Constitutional jurisdiction on account of his own conduct--Petition not being properly documented, all facts and circumstances not placed before Court--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment dated 27-1-1981 of the Lahore High Court; whereby a Constitutional petition arising out of an urban settlement case, was dismissed. The petitioner claims to be in possession of the house in dispute since 1954. According to his learned counsel he also filed an application for transfer of this house in 1959 but no action was taken on that transfer form. During the settlement operation the house was put to auction but later on it was cancelled. Learned counsel does not know the facts and circumstances of the auction or its cancellation. The house was thereafter transferred to Ghulam Rasool respondent No.3 to whom transfer order was issued in November 1977. Learned counsel also does not know about the facts and circumstances relating to the transfer of the house to respondent No.3. It was against this transfer that the petitioner filed a revision petition in 1979 which having been dismissed by a Settlement Commissioner by order, dated 1-8-1979, he brought it under challenge in Constitutional jurisdiction of the High Court on 25-1-1981. The ground urged before the High Court was that the N, C . H . forms filed by the…
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