| Citation(s) |
|---|
| 2002 SLG 1540 2002 SLD 1540 2002 SCMR 1923 |
Supreme Court of Pakistan
Civil Appeal No. 166 No 1995, decision dated: 11-03-2002. (On appeal from judgment dated 16-10-1993 passed by Lahore High Court., Lahore, passed in W.P. No. 24-R of 1983)
JAVED IQBAL, TANVIR AHMAD KHAN AND MUHAMMAD NAWAZ ABBASI, JJ
Sheikh Zia Ullah, Advocate Supreme Court and Syed Abul Jafri, Advocate-on-Record (absent) for Appellant Hafiz S.A. Rehman, Senior Advocate Supreme Court and Kh. Mushtaq Ahmad, Advocate-on-Record for
Respondents Nos.2 (i) and (ii)]
Civil Appeal No. 166 No 1995, decision dated: 11-03-2002. (On appeal from judgment dated 16-10-1993 passed by Lahore High Court., Lahore, passed in W.P. No. 24-R of 1983)
JAVED IQBAL, TANVIR AHMAD KHAN AND MUHAMMAD NAWAZ ABBASI, JJ
Sheikh Zia Ullah, Advocate Supreme Court and Syed Abul Jafri, Advocate-on-Record (absent) for Appellant Hafiz S.A. Rehman, Senior Advocate Supreme Court and Kh. Mushtaq Ahmad, Advocate-on-Record for
Respondents Nos.2 (i) and (ii)]
MIR ALLAUDDIN
VS
SETTLEMENT COMMISSIONER/ADMINISTRATOR (RESIDUAL PROPERTIES), LAHORE DIVISION, LAHORE and others
Law:
Section:
(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.2---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art 185(3)---Case not pending---Second revision application, filing of---Principle of laches--Applicability--No authentic proof was on record to show that any second revision application was submitted against the order of Settlement Authorities which was pending on the date when the Evacuee Laws were repealed---Petitioner had contended that the conduct of respondent in remaining silent for a period over 15 years after filing his alleged, second revision, showed that either no such proceedings were pending or he had given up his right in respect of transfer of godown which had already been transferred in favour of the petitioner under the order of Chief Settlement Commissioner---Petitioner further contended that in any case there being no valid proceedings initiated by the respondent to challenge the orders passed by the Chief Settlement Commissioner, such orders became final and the same could not be set aside in second revision filed against the orders of Settlement Authorities---Leave to appeal was granted by Supreme Court to consider the contentions raised by the petitioner. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.2---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Fraudulent allotment---Cancellation---Second revision--Dispute was with regard to allotment of godown over which the appellant claimed his right---Settlement Authorities initially allotted the disputed godown to the respondent which was subsequently cancelled by the Authorities in exercise of revisional jurisdiction---Second revision application was filed by the appellant and on the basis of compromise between the appellant and another claimant, the godown was allotted to the appellant---Respondent had also filed second revision application which remained undecided and finally after 15 years the second revision was allowed and the disputed godown was allotted to the respondent---Allotment of godown in favour of the…
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