| Citation(s) |
|---|
| 1989 SLG 1807 1989 SLD 1807 1989 SCMR 1622 |
Supreme Court of Pakistan
Civil Petitions Nos.1367 and 1422 of 1983, decision dated: 11-04-1989.(From the order dated 31-10-1983, passed in L.P.A. No.244 of 1967 and W.P. No.262 of 1982 respectively)
JAVID IQBAL, GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Ch. A. S. Zahid, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petilioers (in C. P. No. 1307 of 1983). Nemo for
Respondents (in C.P. No. 1367 of 1983). Ch. Muhammad Farooq, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-
Civil Petitions Nos.1367 and 1422 of 1983, decision dated: 11-04-1989.(From the order dated 31-10-1983, passed in L.P.A. No.244 of 1967 and W.P. No.262 of 1982 respectively)
JAVID IQBAL, GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Ch. A. S. Zahid, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petilioers (in C. P. No. 1307 of 1983). Nemo for
Respondents (in C.P. No. 1367 of 1983). Ch. Muhammad Farooq, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-
Mst. SAKINA BIBI and others
VS
MURID HUSSAIN and others
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVITI of 1958)----S.10--Constitution of Pakistan (1973), Art. 185(3)--Petitioners had not been able to show the basis on which they were claiming the shop in dispute--Claim to the shop was rejected in 1902 by Settlement Authorities and writ petition was also dismissed--Claim was not perused any further--Hold, High Court was right in rejecting the writ petition. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Petitioners' writ petition was dismissed by High Court on the ground of laches--Order of transfer was made in favour of respondent in 1976 which was not challenged till 1982--No explanation was given in High Court or Supreme Court for keeping quiet for so many years-Order of High Court wits not interfered with--Leave to appeal refused.-(Laches). ORDER SAAD SAOOD JAN, J--The dispute in these two petitions for special leave to appeal relates to a shop situate in .1chania. It was evacuee property, Muhammad Ismail, predecessor-in-interest of the petitioners in C.P. No. 1367, applied for its transfer. The basis of his claim to the shop was that he was in possession of a Khokha built upon a part of the Thara of the shop. His claim was rejected by the Settlement Authorities whereupon he filed :t writ petition in the High Court (W.P No. 2600-R of 1962), It was dismisscd on 26-11-62 by a learned Single Judge with the observations:- "It appears that the Thara in possession of the petitioner has not been held to be a part of the shop in dispute. This being the case, the petitioner has no right to get the shop. If so considered, the petitioner may bid in the auction." Muhammad Ismail did not pursue the matter any further. 2. On 29-10-1966 Guliar Ahmad, petitioner in C.P. No. 1422 of 1983 applied to the Settlement authorities for the transfer of the shop under Scheme No. VIII. While his applicaion was pending, he transferred the possession of the shop to Murid Hussain, respondent. On the application of Murid Hussain, the shop was transferred to him on 6-11-1976.…
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