Case Details

Citation(s)
1991 SLG 775 1991 SLD 775 1991 SCMR 84
Supreme Court of Pakistan
Civil Petition for leave to Appeal No. 90-R of 1990, decision dated: 25-02-1990 (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 10-2-1990 in W.P. No. 256 of 1989)
MUHAMMAD AFZAL ZULLAH, CJ AND RUSTAM S. SIDHWA, J

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DOST MUHAMMAD

MEMBER, BOARD OF REVENUE (SETTLEMENT and REHABILITATION WING) and others

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to transfer of evacuee property---Contesting respondents securing P.T.D. in respect of shops in question in their favour on 15-3-1963---Petitioner applying to notified officer on 29-2-1984. to examine the case on basis of earlier order passed by Additional Settlement Commissioner on 1-2-1960, and also applying to Board of Revenue for transfer of shops in question---Petitioner remained unsuccessful upto High Court where petitioner's Constitutional petition was dismissed---Leave to appeal--­Petitioner appeared to be guilty of gross negligence in the prosecution of his claim as he did not file any application for transfer of disputed shops till 1984--­Petitioner in fact had attorned as a tenant to a person who had secured the ownership rights in the shops---Person so securing ownership rights had subsequently gifted the shops to his son who had succeeded in evicting petitioner from the premises---Petitioner's attempt to secure transfer of shops was only a belated attempt to forestall eviction order passed against him---Petition for leave to appeal being without merit was dismissed in circumstances. ORDER RUSTAM S. SIDHWA, J.---This is a petition filed by Dost Muhammad petitioner seeking leave to appeal against the judgment of the Lahore High court, Rawalpindi Bench. Dated 10-2-1990. 2. Dost Muhammad, petitioner, challenges the P.T.O. and P.T.D. issued in favour of one Abdul Ghafur, the predecessor-in-interest of Abdul Majid and Muhammad Ibrahim, respondents Nos. 3 and 4, in respect of transfer of shops bearing Nos. 2136 to 2138 and houses over the shops bearing Nos. 1689 to 1692. The petitioner claims to be in possession of Shops Nos. 2137 and 2138. Initially the P.T.O. was issued in favour of Abdul Ghafur on 30-11-1959. The petitioner never challenged the P.T.O. issued in favour of Abdul Ghafur at all. However, one Muhammad Din, who claimed to be in possession of Shop No. 2136, did so in 1960, whereupon the Additional S.C. on 1-2-1960 directed the,D.S.C. to examine the case afresh and to decide the matter on merits. He…
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