1987 PLP 1551 (SCMR)
MUHAMMAD RAMZAN‑‑Petitioner Versus Mst. MEHRAJ BIBI and others‑‑Respondents
| Citation | 1987 PLP 1551 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | MUHAMMAD RAMZAN‑‑Petitioner Versus Mst. MEHRAJ BIBI and others‑‑Respondents |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1551 (SCMR)?
This judgment primarily cites: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1551 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1551 (SCMR) (MUHAMMAD RAMZAN‑‑Petitioner Versus Mst. MEHRAJ BIBI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Dilawar Mahmood, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- S. Inayat Hussain, Advocate‑on‑Record for Respondent No.1.
- Nemo for Respondents Nos. 2 to 10.
- Date of hearing: 14th June, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore, dated 15‑12‑1980 in I.C.A. No. 383 of 1980). ‑‑‑S. 10‑‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2)‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Urban evacuee property transferred before repeal of evacuee laws in 1960‑Subsequently compensation book found to be bogus and transferees paid price of house in cash‑‑Petitioner moved application before Settlement authorities for transfer of house to him on basis of his possession in 1978‑‑Application was rejected by Settlement authorities and High Court being of view that no application for transfer lay before Deputy Settlement Commissioner after repeal of Evacuee Laws, affirmed orders of Settlement authorities‑‑Plea that matter of transfer of house had still to be treated as pending being without foundation, leave to appeal refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The dispute in this petition relates to an evacuee house which was transferred to Ghulam Rasool, predecessor‑in‑interest of respondents Nos.l to 8, in preference to the petitioner in 1960. Subsequently, the compensation book of Ghulam Rasool was found to be bogus and the said respondents paid the price of the house in cash. In 1978 the petitioner moved an application before the Deputy Settlement Commissioner claiming that the house should now be transferred in his favour on the basis of his possession as the compensation book of Ghulam Rasool had been declared to be bogus. His application was dismissed by the Deputy Settlement Commissioner. He invoked the constitutional jurisdiction of the High Court calling in question the legality of the order of the Deputy Settlement Commissioner. His petition was dismissed by a learned Single Judge. He then preferred an Intra‑Court Appeal which too was dismissed. He now seeks leave to appeal from this Court.
2. After hearing the learned counsel for the petitioner we do not find that this is a fit case for interference by this Court. As observed by the learned Single Judge no application lay before a Deputy Settlement Commissioner after the repeal of the evacuee laws. The petitioner's contention that the matter of transfer of the house has still to be treated as pending is without any foundation. We would accordingly dismiss this petition. M.I. /M‑132/S. Petition dismissed.