| Citation(s) |
|---|
| 1990 SLG 897 1990 SLD 897 1990 SCMR 1013 |
Supreme Court of Pakistan
Civil Petitions Nos.405 and 634 of 1986, decision dated: 22-01-1990.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
Ch. Abdul Aziz, Advocate Supreme Court and Syed Abid Nawaz, Advocate-on-Record for Petitioner (in C.P. No. 405 of 1986). Sh. Abdul Marian, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in C.P. No. 634 of 1986). M.Z. Khalil
Civil Petitions Nos.405 and 634 of 1986, decision dated: 22-01-1990.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
Ch. Abdul Aziz, Advocate Supreme Court and Syed Abid Nawaz, Advocate-on-Record for Petitioner (in C.P. No. 405 of 1986). Sh. Abdul Marian, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in C.P. No. 634 of 1986). M.Z. Khalil
ANWAR AHMAD LARI and others
VS
THE SETTLEMENT COMMISSIONER, Lahore High Court DIVISION, Lahore High Court and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S.10---Settlement Scheme No. VIII---Constitution of Pakistan (1973), Art.185(3)---Transfer of two flats in favour of petitioner---One of the flats was, however, subsequently transferred to respondent's predecessor---High Court rejected petitioner's Constitutional petition holding that disputed flat was a distinct property and that as petitioners were not entitled to more than one house, P.T.D. in respect of disputed flat could be ignored as its transfer was obtained in contravention of law---Petition for leave to appeal---Held, disputed flat being a distinct and separate unit could not have been transferred to the occupant of the other flat in the first place and the transfer of two flats to petitioner was indeed in contravention of law---High Court having passed a fair, just and equitable order, Supreme Court declined to interfere and refused to grant leave to appeal. ORDER NASIM HASAN SHAH, J.--This order will dispose of the above two petitions as they relate to one and the same property. The property in dispute is Flat No.21 in a building bearing Property No.S-50-R-35 situated at Hall Road, Lahore. Flat No.22, which is situated exactly on top of Flat No.21, is occupied by Anwar Ahmad Lari, petitioner No.1. It appears that on the C.H. form filed by petitioner No.1 both Flats Nos.21 and 22 were transferred to him and thereafter a P.T.D. was also issued in his favour. In the meantime, he associated petitioners Nos. 2 to 5 (who are brothers and sisters) as transferees in the said two Flats. Respondent No.3 (Mrs. P.G. Irani), now deceased and represented by her legal heirs being a local did not apple for the transfer in the beginning. However, after promulgation of Scheme No. VIII she applied for the transfer of Flat No.21 and was transferred the same by the Deputy Settlement Commissioner vide order…
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