1989 PLP 1317 (SCMR)
Mistri ABDUL MAJID Petitioner Versus THE CHIEF SETTLEMENT COMMISSIONER, LAHORE and
| Citation | 1989 PLP 1317 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Ghulam Mujaddid JJ |
| Parties | Mistri ABDUL MAJID Petitioner Versus THE CHIEF SETTLEMENT COMMISSIONER, LAHORE and |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1317 (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 1989 PLP 1317 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Ghulam Mujaddid JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1317 (SCMR) (Mistri ABDUL MAJID Petitioner Versus THE CHIEF SETTLEMENT COMMISSIONER, LAHORE and). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Nazar Hussain Dogar, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing 17th August, 1988.
Headnotes / Summary
(From the Judgment of Lahore High Court dated 24‑4‑1984 passed in I.C.A. No.215 of 1983). ‑‑‑S.10‑‑Constitution of Pakistan (1973), Arts.185(3) & 199‑‑Contentions raised by petitioner that C.H. Form filed by him had not been disposed of, that he was entitled to the transfer of the property being a claimant and that the revision petition filed by him before the Settlement Commissioner remained undisputed of and he sought from the High Court a direction that the Form be disposed of which was dismissed on ground of lachcs Petition himself had disclosed that his possession over the property was from 30‑6‑1959 and that he was informed in the year 1975 that no revision filed by him was pending adjudication thus there remained no case either on merits or otherwise for further examination by the Supreme Court‑‑Leave to appeal refused.
Judgment & Decree
SHAFIUR RAHMAN, J.‑‑The petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 24‑4‑1984 whereby the dismissal of the Constitutional petition filed on the ground of laches was upheld. The petitioner was a claimant displaced person. In 1959 he sought the eviction of respondents Nasir etc. on the ground that they were unauthorized occupant of it. The Deputy Rehabilitation Commissioner declined his request on 6‑10‑1959. He applied for the transfer of this property under Settlement Scheme No.l on a C.H. Form filed by him. In the form he showed his possession over the property as from 30‑6‑1959. The house was transferred to Nasir Ahmad, he being the sole occupant/applicant. The appeal of the petitioner failed on 2‑10‑1962 inter alia on the ground that he was not in possession of the property. He claimed that he filed a revision petition but was definitely informed in 1975 that no revision petition was pending. In spite of it he kept agitating with the Department and ultimately filed the Constitutional petition which was dismissed on the ground of laches. His appeal also failed. The learned counsel for the petitioner contended that the C.H. Form filed by the petitioner had not been disposed of, that he was entitled to the transfer of the property being a claimant and that the revision petition filed by him before the Settlement Commissioner remained undisposed of and he was seeking from the High Court a direction that that Form he disposed of. The petitioner having himself disclosed that his possession over the house was as from 30‑6‑1959 and that he was informed in the year 1975, that no revision filed by him was pending adjudication, there remained no case either on merits or otherwise for further examination in this Court. Hence leave to appeal is refused. M.B.A./A‑502/S Leave refused.