| Citation(s) |
|---|
| 1987 SLG 475 1987 SLD 475 1987 SCMR 1315 |
Supreme Court of Pakistan
Civil Appeal No. 152 of 1974, decision dated: 21st April, 1987. On appeal from the judgment and order of the Lahore High Court, Lahore, dated 15-1-1974 passed in Writ Petition No. 145-R of 1967
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN KHAN, JJ
Zaki-ud-Din Pal, Senior Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant. M.A. Qadri, Advocate-on-Record (absent) for
Respondent No. 5. Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents Nos. 1 and 2. Bashir Zafa
Civil Appeal No. 152 of 1974, decision dated: 21st April, 1987. On appeal from the judgment and order of the Lahore High Court, Lahore, dated 15-1-1974 passed in Writ Petition No. 145-R of 1967
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN KHAN, JJ
Zaki-ud-Din Pal, Senior Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant. M.A. Qadri, Advocate-on-Record (absent) for
Respondent No. 5. Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents Nos. 1 and 2. Bashir Zafa
M. ABDUL RASHID
VS
THE SETTLEMENT COMMISSIONER (P) and others
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 10--Notification No. S.R.O. 824/(k)/61, dated lst September, 1961--Informant--Locus standi to obtain transfer of property--Informer, held, had no locus standi to obtain transfer of a property about which information was laid before the Authority and no right vested in him to claim transfer of a property under Notification No. S.R.O. 824/(x)/61, dated 1st September, 1961.--[Locus standi]. Abida Khatoon v. Ghulam Shabbir P L D 1964 S C 793 and Allah Ditta v. Jan Muhammad P L D 1974 S C 113 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10--Constitution of Pakistan (1973), Art.199--Lis pendens, principle of--Transfer of property to and execution of association by respondents while writ petition of appellant was pending before the High Court relating to said property--Held, both transfer and execution of association were subject to the decision of writ petition being hit by the principle of his pendens. Ikram Elahi v. The Settlement Commissioner 1976 S C M R 143 ref. JUDGMENT ALI HUSSAIN QAZILBASH, J.----Leave to appeal was granted to M. Abdul Rashid appellant against the judgment of the Lahore High Court dated 15-1-1974. 2. Shop No.20 Kutchery Bazar, Ward No.2, Lyallpur, was transferred in favour of Ahmad Shafi and Muhammad Aslam, respondents 5 and 6, by the order of the Deputy Settlement Commissioner, dated 29th November, 1959. The effort by respondents 3 and 4 to get the transfer cancelled failed before the Settlement Commissioner on 12-4-1960. It seems that subsequently Mahmood-ul-Haq, respondent No.7, laid information before the Settlement authorities that respondents 5 and 6 were not displaced persons and thus the transfer of the shop to them was illegal. This matter came up before the Settlement Commissioner who while exercising his suo motu revisional jurisdiction held respondents 5 and 6 to be locals and thus cancelled the transfer of the shop from their name vide his order dated 24-5-1961. Respondents 5 and 6 filed a writ petition in the High Court but pending decision of the said writ petition the disputed shop was transferred to…
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