| Citation(s) |
|---|
| 1986 SLG 496 1986 SLD 496 1986 SCMR 496 |
Supreme Court of Pakistan
Civil Appeal No. 154 of 1977, decision dated: 11-11-1985. (On appeal from judgment and order of Lahore High Court, Lahore, dated 15-4-1975, in Letters Patent Appeal No. 104 of 1974).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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Civil Appeal No. 154 of 1977, decision dated: 11-11-1985. (On appeal from judgment and order of Lahore High Court, Lahore, dated 15-4-1975, in Letters Patent Appeal No. 104 of 1974).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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Malik REHMATULLAH and another
VS
Mian MUHAMMAD SHAFI and another
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10, 11 & 21(1), proviso (c)--Settlement Scheme No. VIII--Leave to appeal granted to consider whether High Court was in error in holding that appellants revision had been disposed of before date on which permission was granted for cancellation of P.T.D. issued in favour of respondent. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10, 11 & 21(1), proviso (c) and Settlement Scheme No. VIII--Leave to appeal granted to consider whether High Court failed to notice that order passed by Assistant Settlement Commissioner was incompetent, as he had no delegated authority to dispose of property while holding that order passed by Deputy Settlement Commissioner was without jurisdiction. (c) Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10, 11 & 21 (1)--Settlement Scheme No. VIII--Leave to appeal granted to consider whether order passed in review could not have been passed during pendency of revision application in contravention of proviso (c) to subsection (1) of S. 21 of Act XXVIII of 1958. (d) Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10, 11 & 21(1)-Settlement Scheme No. VIII--Leave to appeal granted to consider whether High Court erroneously held that middle residential portion exists "exactly on the shop" as held by Deputy Settlement Commissioner. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----Ss. 10, 11 & 21(1), proviso (c)--Settlement Scheme No. VIII--Transfer of property--Disputed portion of property transferred to respondent on basis of order of Deputy Settlement Commissioner passed on review allowed by Additional Settlement Commissioner on appeal by respondent when appellants revision was pending before Settlement Commissioner--Appellants argued that during pendency of their revision application before Settlement Commissioner, Additional…
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