| Citation(s) |
|---|
| 1991 SLG 1040 1991 SLD 1040 1991 SCMR 778 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 647 of 1986, decision dated: 24-01-1990 (From the judgment of the Lahore High Court, Lahore dated 5-2-1986, passed to W.P No. 1061-R of 1978)
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
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Civil Petition for Special Leave to Appeal No. 647 of 1986, decision dated: 24-01-1990 (From the judgment of the Lahore High Court, Lahore dated 5-2-1986, passed to W.P No. 1061-R of 1978)
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
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Major (Retd.) S.A. QAYYUM
SECRETARY (URBAN) and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S.10---Settlement Scheme No.I---Constitution of Pakistan (1973), Art.185(3)--Question whether disputed portion of property was a part of `Chappar' transferred to predecessor-in-interest of petitioner and if not, was available for transfer to respondent was a question of fact which had thoroughly been examined by Settlement Authorities and decided in favour of respondents which was rightly not interfered with by High Court---Petition for leave to appeal having no merit for consideration was thus dismissed. ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 5-2-1986, whereby his writ petition was dismissed. The matter in dispute in this petition is relating to 20 marlas of the disputed land which is a portion of the property known as `Chappar' and was allotted to Muhammad Iqbal, Muhammad Khan and Muhammad Azam by the Central Government and the petitioner purchased the same from them vide registered sale-deed While the Deputy Settlement Commissioner transferred the disputed land of 20 marlas to Ch. Nazir Ahmad, respondent No.3 vide P T D dated 6-2-1973, who had alienated the same to Rana Arshad respondent No.4 by way of sale-deed. The petitioner made representation before the M.B.R. (Settlement and Rehabilitation Wing) on which no action was taken. He then challenged the matter before the Lahore High Court through a constitutional petition which was dismissed being non-competent, vide impugned judgment. We have heard the learned counsel in support of this petition and have…
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