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1987 SCMR 650 Present: Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ Syed MUHAMMAD HASSAN SHAH and another--Appellants Vs Mst. NOOR JAHAN and another--Respondents Civil Appeal No. K-107 of 1979, decided on 1st April, 1986. (On appeal from the of the High Court of Sind, dated 16-12-1978, in C.R.A. No.257 of 1973). (a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20(3), (5)--Leave to appeal granted to examine submission that High Court had erred in holding that order cancelling auction sale in favour of transferee without impleading her, was effective so as to furnish basis for decree in favour of respondents. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 20(3), (5)--Permanent Transfer (Houses and Shops) Rules, 1961-­Revision--Disposal of property by auction sale--No order under mandatory provision of S. 20(5) could be passed affecting any person without giving him reasonable opportunity of being heard--Order passed by Settlement and Rehabilitation Commissioner under S.,20(5) cancelling auction sale confirmed in favour of auction-purchaser without giving notice and hearing her which was made the foundation of decree in favour of respondents, was a nullity in the eye of law and was not capable of creating any right in favour of respondents--Permanent Transfer Deed in favour of auction-purchaser was a validly issued document and she was entitled to transfer her rights to appellant-High Court, held, was not justified to interfere with decree passed by Appellate Court below in circumstances--Appeal allowed. Hussain Adil Khatri Advocate Supreme Court and Ali Akbar Advocate-on-Record for Appellants. Akhtar Mahmud, Advocate Supreme Court for Respondents. Date of hearing: 1st April, 1986. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--The dispute in this case relates to a shop bearing No.E/1720, which forms part of a building situated on city survey Nos. 1720, 1721, 1722 and 1723 Ward E, Fakir Ka Pir. Hyderabad. This building comprises the ground flour.consisting of four shops including the disputed…

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