Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Question arising whether property in dispute purchased by respondent through auction could be resumed and offered again for re-auction--Matter scrutinized by Settlement Commissioner who found resumption to be wholly unjustified and entire proceedings involving second auction /transfer of property illegal--Order of Settlement Commissioner upheld by High Court--Leave to appeal refused. M. Asif Jan, Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Masood Javed, Advocate Supreme Court with M. Aslam Ch., Advocate-on-Record for Respondent No. 1. Nemo for Respondent No. 2. Date of hearing: 10th November, 1985. ORDER NASIM HASAN SHAH, J.--The question that arose in this case was whether the property in dispute, which was purchased by respondent No. 1 through auction on 10-8-1960, could be resumed and offered again for re-auction- 2. The property was resumed from respondent No. 1 on the alleged ground that he had not paid the auction price. In the re-auction, the property was purchased by Iftikhar Ahmad, petitioner. The respondent No. 1, therefore, challenged the re-auction in his favour and when the whole matter was scrutinised by the learned Settlement Commissioner. He found the resumption to be wholly unjustified. This is evident from his order, dated 18-7-1975 wherein he observed:-- "I find that this is one of the most serious cases of official malfesance. The house had already been transferred to the appellant through an auction held on 10-8-1960. He had paid the full price through his two compensation books as mentioned above on 12-9-1980. He had also been issued a P.T.O. but…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492