| Citation(s) |
|---|
| 1988 SLG 2403 1988 SLD 2403 1988 SCMR 1013 |
Supreme Court of Pakistan
Civil Appeal No. 205 of 1978, decided on 21st March, 1988. (On appeal from the judgment and order of the Lahore High Court, Dated 5th March 1975 in Writ Petition No. 724-R of 1968). Date of hearing: 21st March, 1988.
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND USMAN ALI SHAH, JJ
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Civil Appeal No. 205 of 1978, decided on 21st March, 1988. (On appeal from the judgment and order of the Lahore High Court, Dated 5th March 1975 in Writ Petition No. 724-R of 1968). Date of hearing: 21st March, 1988.
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND USMAN ALI SHAH, JJ
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TUFAIL AHMAD KHAN---Appellant
VS
Mst. RASHIDAN BEGUM and others--Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 10
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to consider whether High Court was competent to interfere directly or indirectly with Settlement Commissioners order maintaining division of property in question. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---S.10--Appellant claimed transfer of entire building as a claimant as a prior allottee--Property held to be divisible and transferred in separate units by Deputy Settlement Commissioner to various transferees in possession who had filed C.S. Forms--Settlement Commissioner maintained division of property and approved transfer of portions to allottees in possession and case was remanded for disposal of a shop--Deputy Settlement Commissioner, however, interfering with division of property--Both Settlement Commissioner in revision and High Court in constitutional jurisdiction, filed by appellant, rejected contention of appellants upholding division of composite property--Held, since case was only remanded to Deputy Settlement Commissioner Tor disposal of shop and of Settlement Commissioner holding property as divisible was final and conclusive, Deputy Settlement Commissioner had no jurisdiction to interfere with the division of property in circumstances. (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10--Constitution of Pakistan (1973), Art.…
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