Case Details

Citation(s)
2004 SLG 993 2004 SLD 993 2004 SCMR 790
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1694 L of 2002, decision dated: 3rd July, 2002.(On appeal from the order of Lahore High Court, Lahore passed on 1 4 2002 in Writ Petition No.266 R of 1995)
RANA BHAGWANDAS AND TANVIR AHMED KHAN, JJ
Noor Alain Qureshi, Advocate Supreme Court and M.A. Qureshi, Advocate on-Record for Petitioners. Nemo for
Respondents

ABDUL HAMEED and others

VS

SETTLEMENT AUTHORITY and others

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----S. 10 Non submission of forms for allotment of property as refugee from Jammu and Kashmir Effect Petitioner claimed to be in possession of disputed property alongwith respondent since long as refugees Settlement Commissioner allotted property to respondent after finding that he had submitted form for its allotment Petitioner having not submitted any form could not lay claim on such property on any score. ORDER TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 1 4 2002, whereby Writ Petition No.266/R of 1995 filed by the petitioners was dismissed. Facts briefly for the disposal of this petition are that Muhammad Shafi, husband of respondent No.2, was a refugee from Jammu and Kashmir. It is the case of the petitioners that they are also refugees from Jammu and Kashmir and are occupying the disputed property alongwith respondent No.2 since creation of Pakistan. They filed forms which were misplaced whereupon the disputed property was auctioned on 17 5 1966 which was confirmed on 2nd June, 1966. The husband of respondent No.2 took exception to the auction proceedings by filing an appeal whereupon through order dated 2nd January, 1967, the Settlement Commissioner, Sialkot remanded the case and directed the Deputy…
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