| Citation(s) |
|---|
| 1987 SLG 791 1987 SLD 791 1987 SCMR 1969 |
Supreme Court of Pakistan
Civil Appeals Nos. 174 and 175 of 1976, decision dated: 6-06-1987.Against the judgment and order of the Lahore High Court, Lahore, dated 12-7-1974 in W.P. No. 234/R/1973 and W.P. No. 584/ R/73
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND ALI HUSSAIN QAZILBASH, JJ
A.R. Sheikh, Senior Advocate Supreme Court with Asghar Ali Chaudhry, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate-on-Record for Appellants. Imtiaz Muhammad Khan Advocate-on-Record for
Respondents Nos. 1 to 3 (in C. A. No. 174 of 1976)
Civil Appeals Nos. 174 and 175 of 1976, decision dated: 6-06-1987.Against the judgment and order of the Lahore High Court, Lahore, dated 12-7-1974 in W.P. No. 234/R/1973 and W.P. No. 584/ R/73
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND ALI HUSSAIN QAZILBASH, JJ
A.R. Sheikh, Senior Advocate Supreme Court with Asghar Ali Chaudhry, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate-on-Record for Appellants. Imtiaz Muhammad Khan Advocate-on-Record for
Respondents Nos. 1 to 3 (in C. A. No. 174 of 1976)
MUHAMMAD SHAFI and others
VS
SETTLEMENT AND REHABILITATION COMMISSIONER and others
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S.10 & Sched.--Settlement Scheme No. VIII--Constitution of Pakistan (1973), Art. 185(3) & 199--Leave to appeal granted to two occupants of separate shops to examine whether they were rightly refused transfer of shops in their possession under Settlement Scheme No. VIII and their constitutional petitions against transfer of said shops to predecessor-in-interest of respondents were dismissed on good legal grounds. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---Ss. 2(6), (12)3 & 10 and Sched.--Settlement Scheme NO.VIII, paras. 7, 8 & 10--Settlement Scheme No.I--Residual Property Scheme--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3--Constitution of Pakistan (1973), Art. 185(3)--Dispute over transfer of shops--Settlement authorises transferring two shops, in actual physical possession of two appellants, in favour of predecessor in-interest of respondents who held the said shops on a lease from the evacuee owner since before the Partition as recognised by Deputy Custodian of Evacuee Properties and who was the first to apply for the transfer thereof--Constitutional petitions filed by appellants contested on ground that appellants had no locus standi as they had not applied for the transfer of the said shops in time and that their admitted position till 1968 was that they were occupying the said shops as sub-tenants of predecessor-in-interest of respondents-High Court holding that appellants had no locus standi and that the order of transfer passed in favour of predecessor-in-interest of respondents suffered from no jurisdictional defect nor was it illegal and Settlement Commissioner had justifiably, refused to interfere--Deputy Custodian having recognised the right of predecessor-in- interest of respondents to be that of a tenant under the evacuee with a further right to sublease the property to appellants, Settlement Commissioner was justified in making it a basis for determining possession of each and giving effect to it--Possession of appellants could not be said to be either undisputed or derivable from…
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