Case Details

Citation(s)
1985 SLG 723 1985 SLD 723 1985 SCMR 1259
Supreme Court of Pakistan
Civil Petition No. 56 of 1981, decision dated: 21st August, 1984 (From the order, dated 24-11-1980 of the Lahore High Court passed in L.P.A. No. 269 of 1971)
MUHAMMAD AFZAL ZULLAH AND M.S.H. QURAISHI, JJ

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MUHAMMAD ALI

VS

RIZWAN HUSSAIN and others

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Limitation Act (IX of 1908), S. 3--Transfer of property--Appeal time-barred--Composite property--Four shops occupied by claimants and Chaubara by petitioner, a local--Being indivisible, entire property transferred to four claimants jointly-­Petitioner's L.H. form rejected--Despite being fully aware of transfer, petitioner filed appeal after two years--Dismissed as time-barred-­Constitutional petition and Letter Patent Appeal failed--Order being unexceptionable, petition for leave to appeal dismissed. ORDER M.S. H. QURAISHI, J.--The petitioner, a local, was in occupation, since 1951, of a residential Chaubara in composite property comprising four shops and residential portion. With the commencement of the Settlement operations, the entire property was transferred on 26-11-1959 jointly in favour of the four occupants of the shops who were claimants. The petitioner had also filed L. H. Form but the same was rejected on 25-12-1959. He remained silent for two years until 18-9-1961 when he agitated the matter by filing an appeal. Having failed before the Settlement authorities, he moved Writ Petition No. 85-R of 1964 and when the same was dismissed on 5-7-1971, he filed a Letters Patent Appeal which too was dismissed by the impugned order, dated 24-11-1980. Aggrieved he has through this petition sought leave to…
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