| Citation(s) |
|---|
| 1985 SLG 867 1985 SLD 867 1985 SCMR 1565 |
Supreme Court of Pakistan
Civil Appeal No. 92 of 1973, decision dated: 25-10-1984
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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Civil Appeal No. 92 of 1973, decision dated: 25-10-1984
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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Mist. TAHIRA KHATOON and others--Appellants
VS
. Ch. SULTAN MUHAMMAD KHAN, SETTLEMENT & REHABILITATION COMMISSIONER and others--Respondents
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) read with Ordinance No. XIII of 1962, S. 20(2)--Leave to appeal granted to consider whether Chief Settlement Commissioner lawfully exercised his jurisdiction in accepting second revision on 31st May, 1962 when records had not been called for before 13th of January, 1962. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---Read with Ordinances Nos. II & XIII of 1962, S.20(2)--Transfer of evacuee property--Order of Chief Settlement Commissioner accepting Second Revision Petition on 31-5-1962 challenged as without jurisdiction--High Court upholding order taking view that official acts had a presumption of regularity--Under amended law only such second revisions instituted before Chief Settlement Commissioner wherein record of case had been called for before 13-1-1962 could be proceeded with--There being no positive order passed by Chief Settlement Commissioner calling for record of case before specified date, his order, dated 31-5-1962 stood vitiated and being without lawful authority, set aside. Syed H.N. Naqvi, Advocate-on-Record assisted by Raja A. Razzaq, Advocate-on-Record (absent) for Appellants. Imtiaz M. Khan (absent) for Respondents Nos.l and 2. Asghar Ali Bhatti, Advocate Supreme Court with S. Wajid Hussain, Advocate-on-Record for Respondent No. 3. Date of hearing: 25th October, 1984. JUDGMENT NASIM HASAN SHAH, J.--The dispute in this case relates to Property No. 44-B, Hasilpur, District Bahawalpur. It consists of two shops with the Chaubaras above them. One of these was in the possession of Din Muhammad, respondent No.3, and the other was in the possession of a local, Muhammad Sharif. On 13-10-1960, the Deputy Settlement Commissioner held that the property was already divided as it was occupied by two families. He, therefore, transferred the portion in possession of Din Muhammad to him alongwith the Chaubera above it. But the shop in possession of Muhammad Sharif was put on the auction list. 2. Din Muhammad appealed to the Additional Settlement Commissioner against this order without any success. His…
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