| Citation(s) |
|---|
| 1999 SLG 414 1999 SLD 414 1999 SCMR 1861 |
Supreme Court of Pakistan
Civil Appeal No. 650 of 1994, decision dated: 22-05-1998. (On appeal from the judgment, dated 7-12-1992 passed by the Lahore High Court, Lahore in Writ Petition No.71-R of 1988). dates of hearing: 21st and 22-05-1998
SH. IJAZ NISAR AND CH. MUHAMMAD ARIF, JJ
Sh. Masood Akhtar, Advocate-on-Record for Appellant. Mian Qamar-ud-Din, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for
Respondent No. 1. A.R. Shaukat, Advocate Supreme Court for
Respondent No. 2. Sh. Aftal Ahmed Qureshi, Advocate Supreme
Civil Appeal No. 650 of 1994, decision dated: 22-05-1998. (On appeal from the judgment, dated 7-12-1992 passed by the Lahore High Court, Lahore in Writ Petition No.71-R of 1988). dates of hearing: 21st and 22-05-1998
SH. IJAZ NISAR AND CH. MUHAMMAD ARIF, JJ
Sh. Masood Akhtar, Advocate-on-Record for Appellant. Mian Qamar-ud-Din, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for
Respondent No. 1. A.R. Shaukat, Advocate Supreme Court for
Respondent No. 2. Sh. Aftal Ahmed Qureshi, Advocate Supreme
W.Z. AHMAD
VS
NOTIFIED OFFICER, SETTLEMENT DEPARTMENT/ ADDITIONAL DEPUTY COMMISSIONER (G.), LAHORE and another
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 2(4)---Constitution of Pakistan (1973), Art, 185 --- Appeal to Supreme Court --- House --- Division---No illegality, muchless a jurisdictional error in the of High Court under appeal was pointed out, which tantamounted to providing another opportunity to the Settlement Department to take into account the respective possession of the parties of "house" Including the portion of lawns appurtenant thereto, strictly in accordance with the letter and spirit of S.2(4), Displaced Persons (Compensation and Rehabilitation) Act, 1958 --- Appeal against of the High Court was dismissed. JUDGMENT CH. MUHAMMAD ARIF, J.---In this appeal by leave of the Court ,against the judgment dated 7-12-1992 of the Lahore High Court, Lahore passed in Writ Petition No.71-R of 1988, the appellant has impleaded the Notified Officer-Settlement Department/ Additional Deputy Commissioner (G), Lahore Cantt., Lahore and the legal heirs of Mst. Hakim Saadat Begum (deceased) represented by her legal heirs as also 2-sets of respondents respectively described as (Muhammad Yamin and 21 others) and (Khalid Hassan and 13 others) as respondents Nos. 1, 2.(i) to (vi), 3 to 22 and 23 to 50 who were also party in Constitution petition (W.P.No.71-R/1988) before the learned Judge in Chambers. The dispute relates to the Evacuee Property bearing No.S-41-R-8 Queens Road, Lahore. There have been several rounds of litigations between the parties and the matter was remanded for resolution of the dispute regarding its transfer to the parties herein by the erstwhile Settlement Department and/or the Notified Officer under the Evacuee Property and Displaced Persons Laws (Repeal Aot (No.XIV of) 1975, more than once. 2. Paras. 8 and 9 of the judgment under appeal i.e. judgment dated 7-12-1092, read thus: "8 regret do not agree.. The order of the Notified Officer, in so far power as it pertains to division of property between the petitioner and respondent No.2 minus the portion transferred to respondents 3 to 50 (already hold by me to be justified) cannot be sustained, It is hereby quashed to this extent, The writ petition is, however, dismissed…
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