| Citation(s) |
|---|
| 1986 SLG 475 1986 SLD 475 1986 SCMR 460 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 569/1977, decision dated: 18-07-1979. (On appeal from the order of the Lahore High Court, dated 29th of June, 1977 in Writ Petition No. 901-R of 1977).
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
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Civil Petition for Special Leave to Appeal No. 569/1977, decision dated: 18-07-1979. (On appeal from the order of the Lahore High Court, dated 29th of June, 1977 in Writ Petition No. 901-R of 1977).
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
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MUHAMMAD SHAFI
VS
SETTLEMENT COMMISSIONER and others
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S.2(2)-Transfer of property--Allegation of fraud committed b respondent--Petitioners revision petition before Settlement Authorities misplaced before final disposal--Later, Settlement Authorities declining to take cognizance on ground that no regular petition before repeal of Settlement Laws had been filed--Constitutional petition dismissed in limine--Leave granted to consider plea that petitioners revision was in fact pending at relevant time and there were other indications on record showing that deed of association in favour of respondent might be fabricated one. Muhammad Hanif Khan, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondent. ORDER ASLAM RIAZ HUSSAIN, J.--The dispute in this petition relates to House No.E-1988, Wachhowali Bazar, Shah Alami Gate, Lahore. The petitioner who is an occupant of the house filed C.H. Form for its transfer in his favour and the same was transferred to him on 20th of November, 1963. A P.T.O. was issued to him. But the entire price for the house could not be paid as his compensation book did not contain the requisite amount. Thereafter he suffered from some mental ailment due, to which he had to remain in the Mental Hospital for treatment from 1964 to 1970. According to the petitioner, during the illness Muhammad Ashraf respondent prepared an agreement of association, dated 27th of February, 1964 and forged the petitioners signatures thereon. On the basis of this deed of association he obtained a P.T.O. for the transfer of the property in his own name in 1970. When the petitioner came to know of this-, after his recovery from the mental ailment, he made an application to the D.S.C. repudiating the deed of association. The parties were summoned by the D.S.C. But he dismissed the application on 19-9-1972 on the ground that. he did not have the jurisdiction to hear any application against an order passed by another D.S.C. i.e. by an official of equal jurisdiction. In the meanwhile the respondent, on coming to know of these proceedings, got a P.T.D. issued in hisβ¦
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