| Citation(s) |
|---|
| 1998 SLG 1184 1998 SLD 1184 1998 SCMR 84 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1492/L of 1996, decision dated: 12-01-1997
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
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Civil Petition for Leave to Appeal No. 1492/L of 1996, decision dated: 12-01-1997
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
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RAFI ULLAH KHAN
VS
SETTLEMENT COMMISSIONER and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10(2'=---Constitution of Pakistan (1973), Art. 185(3!---Leave to appeal was granted to consider; whether ratio decidendi of of Supreme Court it: Major J.II Naqvi's case, reported as PLD 1966 SC 512, was applicable to parties' case or ratio decidendi of two subsequent s reported as PLD,1974 SC 113 and PLD 1976 SC 208; and whether High Court. after having found that private respondent's predecessor-in-interest was not entitled to obtain transfer of building in question, was justified in allowing Constitutional petition of respondent. Major J.H. Naqvi v. The Director, Enforcement Directorate, West Pakistan and others PLD 1966 SC 512; Allah Ditta v. Haji Jan Muhammad and 3 others PLD 1974 SC 113; Khuda Bakhsh v. Khushi Muhammad and 3 others PLD 1976 SC 208; Shadi Khan v. Additional Commissioner (Consolidation) and others 1989 SCMR 1942; Sh. Barkat Ali v. Additional Settlement Commissioner and 2 others 1972 SCMR 293 and Haji Faizul Haque Khan v. Syed Abdul Hamid and another 1976 SCMR 429 ref. Ch. Muhammad Farooq, Senior Advocate Supreme Court for Petitioner. A.R. Shaukat, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents Nos.2 to 6. Date of hearing: 12th January, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 18-4-1996 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.222-R of 1984, filed by respondents Nos.2 to 7 i.e. legal representatives of one Latif Hussain Shah against the order of the Settlement Commissioner dated 19-4-1984 restoring the transfer orders dated 18-9-1962 and 9-11-1962 in favour of the petitioner as an informer, allowing the same as follows:-- "In view of what has been stated above, this petition is allowed; the impugned order is declared to be without lawful authority and of no legal effect and the property shall be treated and disposed of as available property. The parties shall bear their own costs." 2. The above case has a chequered history. It will suffice to state the relevant facts. The Evacuee property bearing No.XVIII-2-S-40 known as Haider Building, situate at…
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