| Citation(s) |
|---|
| 1988 SLG 2240 1988 SLD 2240 1988 SCMR 565 |
Supreme Court of Pakistan
Civil Petition No. 145 of 1986, decided on 20th February, 1988. (On appeal from the judgment Dated 16-12-1985 of the Lahore High Court, Lahore in Writ Petition No. 272-R of 1977).
NASIM HASAN SHAH AND SAAD SAOOD JAN, JJ
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Civil Petition No. 145 of 1986, decided on 20th February, 1988. (On appeal from the judgment Dated 16-12-1985 of the Lahore High Court, Lahore in Writ Petition No. 272-R of 1977).
NASIM HASAN SHAH AND SAAD SAOOD JAN, JJ
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RIAZUL HAQUE
VS
ABDUL SAMAD and others--Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 10
Law: Constitution of Pakistan, 1973
Section: 185(3)
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Transfer of evacuee property--Agreement of Association-Will--Document executed on agreement of association and not a will--Effect--Petitioner who was also one of legal heirs of transferee, claiming property under an agreement of association entered into by transferee wherein he undertook to transfer property in his favour alone on latters paying the transfer price--Leave to appeal granted to consider plea that High Court erred in considering that Deputy Settlement Commissioner had to appoint legal heirs of transferee and could not hold that property in question devolved solely in favour o: petitioner under a will, because, document described by High Court as a will appeared to be an Agreement of Association and such agreements were permissible under Settlement Scheme. ORDER NASIM HASAN SHAH, J.--The contention is that the learned Judge in the High Court fell into an error in considering that the) Deputy Settlement Commissioner had to appoint legal heirs of the transferee and that he (Deputy Settlement Commissioner) could not hold that the property in question devolved solely in favour of one of the heirs, namely Riaz-ul-Haque (the petitioner herein) under a will.…
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