| Citation(s) |
|---|
| 1987 SLG 396 1987 SLD 396 1987 SCMR 1056 |
Supreme Court of Pakistan
Civil Appeal No.120 of 1974, decision dated: 17-03-1987.(On appeal from the judgment and order dated 15-5-1973 passed by the Lahore High Court, Lahore in Writ Petition No.482-R of 1972)
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Bashir Ahmad Ansari, Senior Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Nemo for
Respondents.
Civil Appeal No.120 of 1974, decision dated: 17-03-1987.(On appeal from the judgment and order dated 15-5-1973 passed by the Lahore High Court, Lahore in Writ Petition No.482-R of 1972)
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Bashir Ahmad Ansari, Senior Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Nemo for
Respondents.
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER
VS
Syed IQBAL HUSSAIN KIRMANI and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 10, Sched., paras. 15 & 15-A--Evacuee property, transfer of--Sale of evacuee industrial concern through negotiations--Application of law of contract or law of Rehabilitation--Payment of price in cash or through compensation books--Choice of Central Government--Settlement authorities agreeing to transfer an evacuee industrial concern to respondent on negotiations basis against payment of price in cash--Respondent's subsequent request for part payment through compensation books not granted and property directed to be auctioned--Order challenged in writ petition--High Court's view that Settlement authorities could not impose a condition of payment of price in cash, not sustained--In view of para. 15-A of Sched. to Act (XXVIII of 1958) read with Memorandum dated 24-6-1960 issued by Central Government, held, Settlement Commissioner acted in accordance with law while conditionally accepting offer of payment of price in cash and subsequently withdrawing acceptance of offer for default--Para. 15-A of Sched excludes application of other provisions and leaves it to Central Government to choose manner of disposal of industrial concern--Order of High Court set aside and writ recalled. JUDGMENT MUHAMMAD HALEEM, C. J.-- The sole point for consideration in this appeal is whether "as between the claimants and Settlement authorities the law of Contract or the law of Rehabilitation will prevail in respect of transfer of evacuee properties." The facts which have given rise to this appeal are that an evacuee industrial concern known by the name of Karamshee Shamshee Cotton Factory, Sargodha was put to an unrestricted auction on 11th of September, 1959, for which Messrs Abdul Ghani, Hilal Ahmad and Khawaja Ghulam Sadiq gave the highest bid of Rs.11,00,000. The bid was, accordingly, accepted, but the auction-purchasers did not deposit the auction price with the result that the auction was cancelled by order of the Additional Settlement Commissioner (Industries) dated 4th of October, 1967. There was, however, protracted litigation between these auction-purchasers and the department, and, therefore,…
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