| Citation(s) |
|---|
| 2002 SLG 1141 2002 SLD 1141 2002 SCMR 290 |
Supreme Court of Pakistan
Civil Appeal No.715 of 1998, decision dated: 23rd October, 2001.(On appeal from the judgment/order dated 2-4-1997 passed by Lahore High Court, Lahore in ICA No.67 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, MIAN MUHAMMAD AJMAL AND HAMID ALI MIRZA, JJ
A. R. Shaukat, Senior Advocate Supreme Court Tanvir Ahmad, Advocate-on-Record (absent) for Appellant. Sh. Anwarull Haque, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record (absent) for
Respondent No. 3.
Civil Appeal No.715 of 1998, decision dated: 23rd October, 2001.(On appeal from the judgment/order dated 2-4-1997 passed by Lahore High Court, Lahore in ICA No.67 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, MIAN MUHAMMAD AJMAL AND HAMID ALI MIRZA, JJ
A. R. Shaukat, Senior Advocate Supreme Court Tanvir Ahmad, Advocate-on-Record (absent) for Appellant. Sh. Anwarull Haque, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record (absent) for
Respondent No. 3.
SANA ULLAH BHUTTA
VS
DEPUTY SETTLEMENT COMMISSIONER and others
Law:
Section:
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)----Preamble---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Maintainability---Order passed by Authority notified under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 was neither appealable nor revisable, thus, Intra-Court appeal against such order pertaining to evacuee property would be competent particularly after repeal of evacuee laws. Mst. Wazir Begum and others v. Member Board of Revenue/Chief Settlement Commissioner and others 2000 SCMR 989 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---This appeal, by leave of the Court, is directed against the judgment dated 4th March, 1977 and 2nd April, 1997 passed by Lahore High Court, Lahore, respectively. 2. Precisely stating facts of the case relevant for disposal of instant appeal are that the Deputy Settlement Commissioner-Ill, Lahore in pursuance of Miscellaneous Application dated 25th August, 1975 instituted by Ghulam Sadiq son of Lal Din for transfer of the shop being portion of Property No./D/1058, situated in Sheesha Moti Bazar, Lahore. When this application was pending, appellant Sanaullah Bhutta also filed an application dated 22nd December, 1975 containing therein that Property No. D/ 1058 stands transferred to him and that Ghulam Sadiq manoeuvred to remove his transfer document from the file. He, therefore, requested that the proceedings taken on the application of Ghulam Sadiq be dropped and his form tiled by him be rejected. Both these applications were disposed of by Deputy Settlement Commissioner on 27th March, 1976. relevant para. therefrom is reproduced hereinbelow:- "From the facts stated above it is established that Mr. Sana Ullah was allowed to retain the entire property in dispute and hence the shop of this property, for the transfer which the applicants and their deceased father filed two Forms, is not available for disposal. Therefore their Forms are rejected." 2. Against the above order Ghulam Sadiq and his brothers namely Ghulam Hussain, Muhammad Akhtar and Muhammad Sadiq sons of late Lal Din filed a Writ Petition No.1276-R/1976 alongwith Civil Miscellaneous Application No.1 / 1976,…
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