| Citation(s) |
|---|
| 1998 SLG 819 1998 SLD 819 1998 SCMR 2039 |
Supreme Court of Pakistan
Civil Petition No.242 of 1995, decision dated: 31st October, 1995 (On appeal from the judgment dated 30-3-1995 passed by the Lahore High Court, Rawalpindi Bench, in Writ Petition No.854-R of 1990)
ZIA MAHMOOD MIRZA AND MUHAMMAD MUNIR KHAN, JJ
Bashir Ahmad Ansari, Advocate Supreme Court, Tanvr Bashir Ansari. Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.242 of 1995, decision dated: 31st October, 1995 (On appeal from the judgment dated 30-3-1995 passed by the Lahore High Court, Rawalpindi Bench, in Writ Petition No.854-R of 1990)
ZIA MAHMOOD MIRZA AND MUHAMMAD MUNIR KHAN, JJ
Bashir Ahmad Ansari, Advocate Supreme Court, Tanvr Bashir Ansari. Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
ALLAH BUKHSH through his Special Attorney
VS
SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI DIVISION, RAWALPINDI and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Land in question, was initially allotted in favour of respondent's predecessor--Subsequent cancellation of such allotment on the ground that part of compensation paid for the same had been adjusted from compensation book which was bogus and that respondent's predecessor having been served with notice to deposit specified amount failed to comply with demand. notice---Land in question after cancellation from the name of respondents was allotted to petitioner---Respondent's appeal against cancellation of land in question, was accepted and same was restored in their favour---Petitioner's efforts to save his allotment remained unsuccessful up to High Court---Validity---Leave to appeal was granted to consider whether respondent's predecessor had been served during his lifetime through his son who was also holding general power of attorney on behalf of his father and subsequently on behalf of his brothers and sisters; whether such documents had not been attended to by Settlement Authority as also by the High Court; and whether such documents showed that original allottee (predecessor of respondents) wag properly served in his lifetime and after his death, on his son who was general attorney of his brothers and sisters. ORDER ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against the judgment of Lahore High Court Rawalpindi Bench dated 30-3-1995 whereby Writ Petition No.854-R of 1970 filed by the petitioner was dismissed. 2. Evacuee shop bearing Property No.B-III-83-C situated in Campbellpur City was purchased in auction by Azfar Hussain, the predecessor-in-interest of the respondents on 11-5-1960. Azfar Hussain deposited compensation book containing deferred amount of Rs.7020 which was adjusted towards the transfer price of Rs.13,800. Balance amount of Rs.6,780 was sought to be paid through another compensation book of one Pir Muhammad Amir which was found to be bogus. A notice was accordingly issued by the Deputy Settlement Commissioner to Mansab Hussain son of Azfar Hussain on 10-2-1965 informing him that…
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