Case Details

Citation(s)
1990 SLG 969 1990 SLD 969 1990 SCMR 1169
Supreme Court of Pakistan
Civil Petition No.363 of 1986, decision dated: 2.3rd September, 1989.
SAAD SAOOD, JAN AND S. USMAN ALI SHAH, JJ
Ch.Hafeez Ahmad, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record for Petitioner. Khalid Mahmood, Advocate Supreme Court for
Respondents.

AZIZ KHALIQ

VS

SETTLEMENT COMMISSIONER and others

Law:

Section:

Settlement Scheme No.1-----Papas. 33 & 37---Constitution of Pakistan (1973), Art.185(3)---Agreement of association---Issuance of P.T.O.---Leave to appeal---Contention that Settlement Authority despite accepting agreement of association regarding transfer of property in dispute executed between petitioner and respondent, did not prepare P.T.O. in accordance with mode of transfer indicated in agreement---Mode of transfer of property as given in agreement having not been strictly adhered to by Settlement Authority and that aspect of case having also been ignored by High Court, contention raised by petitioner needed examination---Leave to appeal was granted. ORDER SAAD SAOOD JAN, J.--A unit of the property situate in Qilla Gujar Singh, Lahore was directed to be transferred by the Deputy Settlement Commissioner to Muhammad Aslam, respondent No.3. Shortly thereafter respondent No.3 entered into an agreement of association with the petitioner. In the said agreement the mode in which the unit was to be divided between the parties was specified. The agreement was accepted by the Deputy Settlement Commissioner. However, while issuing the provisional transfer order, the mode given in the agreement was not strictly adhered to. The petitioner…
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