| Citation(s) |
|---|
| 1991 SLG 456 1991 SLD 456 = 1991 PLD 1 |
Supreme Court of Pakistan
Civil Appeal No. 113 of 1984, decision dated: 16-09-1990.(Against the judgment dated 9-4-1980 of the Lahore HighCourt passed in I.C.A. No. 133 of 1979)
SHAFTUR RAHMAN, ZAFFAR HUSSAIN MIRZA SAAD SAOOD, JAN, ALI HUSSAIN QAZILBASH AND ABDUL SHALAIND SALAIN, JJ
I Rafiq Ahmad Sheikh, Advocate Supreme Court and Maqbool Ahmad Qadri, Advocate-on-Record for Appellants.Ch. Khalif-ur-Rehman Senior Advocate Supreme Court and lqbal Ahmed Qureshi, Advocate-on-Record (absent) No. 1.Rao Muhammad Yousaf Khan, Advocate-on
Civil Appeal No. 113 of 1984, decision dated: 16-09-1990.(Against the judgment dated 9-4-1980 of the Lahore HighCourt passed in I.C.A. No. 133 of 1979)
SHAFTUR RAHMAN, ZAFFAR HUSSAIN MIRZA SAAD SAOOD, JAN, ALI HUSSAIN QAZILBASH AND ABDUL SHALAIND SALAIN, JJ
I Rafiq Ahmad Sheikh, Advocate Supreme Court and Maqbool Ahmad Qadri, Advocate-on-Record for Appellants.Ch. Khalif-ur-Rehman Senior Advocate Supreme Court and lqbal Ahmed Qureshi, Advocate-on-Record (absent) No. 1.Rao Muhammad Yousaf Khan, Advocate-on
MUHAMMAD DIN and othersvsGHULAM MUHAMMAD NASEEMSINDHU and others
Law: Supreme Court Rules, 1980
Section: 1
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 2(4), proviso,S.10,11
Law: Law Reforms Ordinance, 1972
Section: 3
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 3(a)
(a) Supreme Court Rules, 1980-- R. 1 --- Petition for leave to appeal --- Condonation of delay-- Appellants had been diligently pursuing their remedy --- Delay, even if existed, was condoned.--[Condonation of delay].(b) Displaced Persons (Compensation and Rehabilitation) Ad- (XXVIII of 1958)--S. 2(4), proviso---"House"---Definition --- In case land attached to the house transferred to transferee exceeded three times its plinth area, he could not lay a claim to the excess land by virtue of transfer documents issued in his favour by the Settlement Authorities; as such it had to be treated as still available for disposal.. Muhammad Aslam Khan v. Chief Settlement Commissioner 1972 S C M R 545; Muhammad Bashir v. Settlement and Rehabilitation Commissioner P L D 1983 SC 143 and Muhammad Matin Mirza . Jahangir R. Rustomji P L D 1980 SC 64 ref.(c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- S. 2(4), proviso --- House --- Land attached to the house--- Construction on such attached land was not made by evacuee nor from the income of the evacuee property and thus being quite severable from the rest of the property could not be considered as part of the evacuee house as left by the evacuee for the purpose of calculating its plinth area as it then existed.Muhammad Matin Mirza v. Jahangir R. Rustomji P L D 1980 SC 64 ref.(d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)_---- S.10 --- View that Settlement Authorities, after the issuance of the Permanent Transfer Deed, and in the absence of any allegation of fraud or misrepresentation, were not competent to re-open the matter was not tenable.(e) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)_---- S. 2(4), proviso --- House --- Excess area --- Proceedings held by Settlement Authorities were not with regard to the legality or propriety of transfer of the house to transferee but was an inquiry confined to the question whether there was an excess area which could not under the law be treated as part of the house and, for that reason, did not stand transferred to the transferee under the transfer documents issued in his favour --- Such an…