1983SCMR782 (PLP)
Ch. NAZIR AHMAD-Petitioner Versus SETTLEMENT COMMISSIONER, MULTAN AND OTHERS-Respondents
| Citation | 1983SCMR782 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Ch. NAZIR AHMAD-Petitioner Versus SETTLEMENT COMMISSIONER, MULTAN AND OTHERS-Respondents |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958) |
Q1: What are the key laws and sections cited in 1983SCMR782 (PLP)?
This judgment primarily cites: Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983SCMR782 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983SCMR782 (PLP) (Ch. NAZIR AHMAD-Petitioner Versus SETTLEMENT COMMISSIONER, MULTAN AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. R. Shaukat, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing : 18th October, 1980.
- A. R. Shaukat, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal against the judgment and order dated 16-4-1980 passed in W. P. No. 1623/R of 1974).
S. 10 and Sched.-Property in dispute already transferred and lawful P. T. D. issued in favour of such transferee-No notice of demand issued to transferee and no orders of resumption passed-Auction of such property by Settlement Authorities -. Held, without lawful authority.
Judgment & Decree
Nemo for Respondents. Date of hearing : 18th October, 1980. MUSHTAQ HUSAIN, J.‑Karam Din, predecessor‑in‑interest of Respondent No. 3, was admittedly the occupant of property No. 19 situated in Ward No. 8 Katchi Abadi, Nusrat Road, Multan. On 26‑9‑1960 the property was auctioned and purchased by one Maqbool Ahmad but the same was cancelled as the auction‑purchaser failed to pay the price. On 27‑7‑68 the property was again put to auction but nobody bid for it. On 27‑8‑1968 it was reaction and Ch. Nazir Ahmad, petitioner, was the successful bidder. The auction was confirmed on .31‑,8‑1968 and a P. T. D. was issued in favour of Nazir on 8‑11‑1968.
2. On 12‑10‑1971 the petitioner issued a Notice to the respondent and on 5‑6‑1974 the possession of the property in dispute, it is contended, was delivered to the petitioner.
3. Karam Din thereafter died and is survived by three sons Ghulam Hussain, Muhammad Ramzan and Ghulam ‑Muhammad. Out of them Ghulam Hussain filed an appeal on 13‑1-1972 against the auction sale in which the property was purchased by the petitioner. On 29‑8‑1972 the Additional Settlement Commissioner 'rejected the appeal and a petition for revision suffered the same fate at the hands of the Settlement Commissioner on 19‑5‑1973 which led to the respondents' filing a Writ Petition No. 1623/R of 1974 which was accepted by the High Court on 16‑4‑1980. Hence this petition for special leave to appeal.
4. A perusal of the record would show that Karam Din had applied for the transfer of the house to him on an L. H. Form (Annexure `C'). His application was accepted by the Settlement Department and a notice of transfer was duly issued to him (Annexure `E'). This was followed by a Provisional Transfer Order of the house in his favour (Annexure 'F').
5. There being thus a lawfully issued Provisional Transfer Order in favour of Karam Din, the property could not have been put to auction unless a notice of demand was issued to Karani Din and on his failure to make the payment of the price proper orders of resumption were passed of which Karam Din would have been only duly notified. None of these things having been done, the auction of the property was without lawful authority and the petitioner has no claim over it.
6. We consequently refuse to interfere with the orders of the High Court. The petition for special leave to appeal is dismissed. Leave refused.