| Citation(s) |
|---|
| 1989 SLG 1845 1989 SLD 1845 1989 SCMR 1685 |
Supreme Court of Pakistan
Civil Appeal No. K-22 of 1966, decision dated: 24-01-1969.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 18-03-1965, in Writ Petition No.555 of 1962)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, JAN, ABDUS SATTAR AND QADEERUDDIN AHMAD, JJ
Akhtar Mahmood, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Advocate for Appellants. S. Mushtaq Hussain, Advocate supreme Court instructed by Syed Anwar Ali for
Respondent No. 1. Sayeed A. Sheikh, Advocate, Supreme Court instructed by Shafi
Civil Appeal No. K-22 of 1966, decision dated: 24-01-1969.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 18-03-1965, in Writ Petition No.555 of 1962)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, JAN, ABDUS SATTAR AND QADEERUDDIN AHMAD, JJ
Akhtar Mahmood, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Advocate for Appellants. S. Mushtaq Hussain, Advocate supreme Court instructed by Syed Anwar Ali for
Respondent No. 1. Sayeed A. Sheikh, Advocate, Supreme Court instructed by Shafi
Mst. TAYYABUN NISA and others
VS
ABDUL GHANI and others
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art.185(3)--Leave to appeal was granted against the order of High Court wherein it directed the taking of afresh process to secure an end which had already been achieved and further to consider the contention that since non-Muslim was entitled to purchase that part of property which pertained to his evacuee relations, the transfer by him of that part to the appellant who would pay the proper price to Government was entirely consistent with that position. (b) Displaced Person (Compensation and Rehabilitation) Act (XXV1ll of 1958)--- ---S.8(2)--Partition of evacuee property--No specific provision empowered Settlement Authorities to effect partition of evacuee property between its deferent co-sharers--In absence of such provision Civil Courts, held, had powers of petitions of property jointly Owned by evacuees and non-evacuee--Such a of partition power was given to the Custodian by the Administration of Evacuee Property Act (XII of 1957), but no corresponding provision was introduced in Displaced Persons (Compensation and Rehabilitation) Act, 1958 to give such power to Settlement Authorities and taking away powers from Civil Court. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10--Provisional Transfer Orders had been issued in favour of appellants and respondents-- Responaents had acquired interest in the property--Any partition of such property by an agreement to which respondents were not parties, held, would not hind them. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 19581- ---Sched., para. 16-C--Transfer of property--Share limit prescribed by the Central Government was not less than 1 /3rd share in the property--Non-Muslim having one-half share thus could take advantage of para. 16-C--Property being divisible . 16-C was however not attracted. JUDGMENT ABDUS SATTAR, J.--This appeal by special leave is directed against the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, allowing a petition under Article 98 of the Constitution by which the decision of the Settlement authorities cancelling the transfer of a house to…
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