| Citation(s) |
|---|
| 1990 SLG 816 1990 SLD 816 1990 SCMR 855 |
Supreme Court of Pakistan
Civil Petition Appeal No.186 of 1986, decision dated: 23rd January, 1990.
GHULAM MUJADDID AND ABDUL SHAKURUL SALAM, JJ
Muhammad Zahid Abbasi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition Appeal No.186 of 1986, decision dated: 23rd January, 1990.
GHULAM MUJADDID AND ABDUL SHAKURUL SALAM, JJ
Muhammad Zahid Abbasi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Mst. NAFISA BEGUM-
VS
ADDITIONAL SETTLEMENT COMMISSIONER and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)------S. 10--Constitution of Pakistan(1973), Art.185(3)---Property in question jointly transferred to petitioner and respondent---Order of joint transfer was not challenged until a revision petition was filed by the petitioner seven years later which was dismissed by the Settlement Authority---Joint transfer of property thus attained finality---Petition for leave to -appeal being devoid of merit was dismissed. ORDER ABDUL SHAKURUL SALAM, J.--Mst. Nafisa Begum was transferred on her C.H. form House No.SW-III-70S-8, Krishan Nagar, (now called Islampura), Lahore. A.P.T.O. was issued in her favour on 21st January, 1960. 2. One of her sons Ijaz Ahmad filed an appeal claiming that he was entitled to the house as an allottee and that his CH form had not been considered. The appeal was accepted by the learned Additional Settlement Commissioner vide order dated 13-6-1960, whereby it was directed that "his name be also added in the P.T.O. already issued in the name of Mst. Nafisa Begum". After seven years, Mst. Nafisa Begum filed a revision petition on 23-10-1967. The Settlement Commissioner held that "no cogent ground has been put forth for condoning such a long delay. The only point which has been stressed is as to what share of price should be paid by Ijaz Ahmad in respect of the joint transfer of the property. This could very well be ascertained from the Deputy Settlement Commissioner. I do not see any reasonable ground to entertain such a badly delayed revision. Accordingly it is rejected in limine". This is vide order dated 29-5-1972. 3. On the application of Ijaz Ahmad for the apportionment of the share, the Settlement Commissioner directed the Deputy Settlement Commissioner to decide the matter who vide his order dated 25-4-1973 determined that the share of Mst. Nafisa Begum and Ijaz Ahmad, the only transferees of the property, shall be according to the amount of deferred payment in their respective compensation books and demand notices for recovery of the transfer price should be issued to them. Mst. Nafisa challenged the order by means of a revision petition and prayed that "the property…
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