| Citation(s) |
|---|
| 1990 SLG 821 1990 SLD 821 1990 SCMR 866 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.1405 of 1980, decision dated: 7-02-1990.
S. USMAN ALI, SHAH AND ABDUL QADEER CHAUDHRY, JJ
Pir Anwar-ur-Rehman, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No.1405 of 1980, decision dated: 7-02-1990.
S. USMAN ALI, SHAH AND ABDUL QADEER CHAUDHRY, JJ
Pir Anwar-ur-Rehman, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents.
Ch. MUHAMMAD NAWAZ (deceased) and others
VS
Mst. SARDAR BEGUM, and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)------S. 10 [as amended by Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (1I of 1962)]---Lapse of informer application by amending Ordinance 11 of 1962---Contention raised in petition was that High Court had failed to consider that informer application had lapsed by amendment in S. 10 of Act XXVIII of 1958, by the amending Ordinance II of 1962 and that High Court also failed to refer to this question and the authority reported in PLD 1974- SC 113; and that High Court failed to decide the facts of the of Supreme Court in Major J.H. Naqvi's case reported in PLD 1966 SC 512--Contention raised by petitioner involved question of substantial nature of public importance which needed final determination by Supreme -Court---Leave was granted. Maj. J.H. Naqvi v. Enforcement Officer and others PLD 1966 SC 512 rel. PLD 1974 SC 113 ref. Pir Anwar-ur-Rehman, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 7th February, 1990. ORDER. S. USMAN ALT SHAH, J.---Leave to appeal has been sought by the petitioners against he order dated 23-7-1980 of the Lahore High Court, Lahore arising out of a settlement matter, wherein Ch. Muhammad Nawaz petitioner predecessor-in-interest of the petitioners had been allotted an evacuee House No.HQ355, Chachi Mohallah, Rawalpindi on 18-10-1947 who was in possession of the said house. He being a displaced person from Delhi, applied on Form NCH as non-claimant, on 7-8-1959 to the Deputy Settlement Commissioner, Rawalpindi, who vide his order dated 15-3-1900 transferred the said house in his favour. Ch. Muhammad Nawaz entered into agreement of association for the purposes of making payment with the claimant Muhammad Saeed petitioner No.6. One Major J.H. Naqvi made an application before the Deputy Settlement Commissioner, alleging that the said Ch. Muhammad Nawaz was not a displaced person and he himself being in possession of a choice certificate applied for the transfer of the house in dispute. Ch. Muhammad Nawaz tried through different types of documentary evidence, to…
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