Case Details

Citation(s)
1969 SLG 233 1969 SLD 233 1969 SCMR 148
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 265 of 1968. decided on 7th November 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd April 1968, in L. P. A. No. 95 of 1963)
FAZLEAKBAR, C.J. AND ABDUS SATTAR, J

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JALAL DIN

VS

SULTAN AHMAD AND OTHERS

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 20 & Sch., Part I---Transfer of house ­Revision against order of transfer dismissed by Chief Settlement Commissioner on ground of inordinate delay-High Court dismissing petition under Art. 98, Constitution of Pakistan (1962) on ground that the Chief Settlement Commissioner was justified in dismissing revision on ground of lathes although petitioner had a good case otherwise-Question whether when no period of limitation prescribed for filing revision and when petitioner had a good case, High Court justified in refusing relief-Special Leave to Appeal granted by Supreme Court to consider question. S. M. Masud, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 7th November 1968. ORDER ABDUS SATTAR, J.--The dispute in this case relates to house No. NE-VI-23-S-13, Bharat Nagar, Lahore. The petitioner ant respondent No. 1 filed N. C. H. Forms for the transfer of the house. The Deputy Settlement Commissioner transferred the house to Sultan Ahmad. The order was challenged by the petitioner in an appeal filed before the Additional Settlement Commissioner the appeal was dismissed on the ground that the petitioner being a non-claimant was not entitled to the transfer of the house as he had not produced the rent clearance certificate. The case of the petitioner was that being an allottee he had preferential claim to the transfer of the property. The revision filed by the petitioner was dismissed on the ground that it was hopelessly time-barred. The writ petition filed by the petitioner was dismissed by e, learned Single…
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