Law:

Section:

(a) West Pakistan Requisitioning of Immovable Property (Temporary Power) Act (VII of 1956)--- ----S. 6---Compensation, assessment of---Principles---"Payment of rent by tenant" and "payment of compensation by the Requisitioning Authority"---Distinction---Compensation could be granted at the most for a period of three years preceding the filing of petition before the Court---Mere payment of rent, which was paid prior to requisition, could not be treated as compensation after the requisition for the use and occupation of the property---Revised compensation could be ordered to be paid from the date of requisition of the property and mere fact that the owner had been receiving the amount lesser than that before filing the petition was no bar for agitating his right to have fair amount of compensation fixed, assessed and determined. Ashfaq-ur-Rehman v. Chaudhri Muhammad Afzal PLD 1968 SC 230; Province of the Punjab v. Amin Jan Naeem and 4 others PLD 1994 SC 141; Government of the Punjab through Secretary, Education, Lahore v. Shahida Begum 1994 SCMR 1488; Province of Punjab v. Mst. Hanifan 1993 MLD 2430 and Sh. Muhammad Shafi v. The Province of Punjab and another 1986 CLC 593 ref. (b) West Pakistan Requisitioning of Immovable Property (Temporary Power) Act (VII of 1956)--- ----S. 6---Compensation, assessment of---Appeal to High Court---Plea in respect of delayed approach of the owner of property for determination of compensation of the requisitioned property could not be given effect to inasmuch as neither such plea was taken before the lower forum nor was any issue even claimed/framed qua the same---Question of limitation, in the context of the controversy, being a mixed question of law and fact dependant upon factual assertions, evidence and findings, same could not be countenanced for the first time in appeal. (c) West Pakistan Requisitioning of Immovable Property (Temporary Power) Act (VII of 1956)--- ---Ss. 6 & 7---Compensation, assessment of---Interest, award of---Provision of S.7, West Pakistan Requisitioning of Immovable Property (Temporary Power) Act, 1956 having been held to be repugnant to Injunctions of Islam by Shariat Appellate Bench of the Supreme…

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