1987 PLP 1928 (SCMR)
QAMAR-UD-DIN represented by Legal Heirs — Petitioners Versus MANSOOR AHMAD MALIK, Additional Settlement Commissioner and others — Respondents
| Citation | 1987 PLP 1928 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | QAMAR-UD-DIN represented by Legal Heirs — Petitioners Versus MANSOOR AHMAD MALIK, Additional Settlement Commissioner 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 1928 (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 1928 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Javid Iqbal 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 1928 (SCMR) (QAMAR-UD-DIN represented by Legal Heirs — Petitioners Versus MANSOOR AHMAD MALIK, Additional Settlement Commissioner and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawaja Muhammad Afzal, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 20th July, 1987.
Headnotes / Summary
(On appeal from the judgment dated 22-4-1980 of the Lahore High Court, in Writ Petition No.1159-R of 1974).
S. 10--Settlement Scheme No. VIII--Constitution of Pakistan (1973), Art. 185(3)--Evacuee property--Transfer under Settlement Scheme No. VIII--Availability of property, a condition prerequisite, for transfer under the Scheme--Petitioners being locals and occupying portion of an evacuee house sought transfer of said portion to them under Settlement Scheme No. VIII--Entire house having been already transferred to other occupants who were claimants/non-claimants and said portion not being "available", petitioner's application was rejected--Availability of property being condition prerequisite for transfer under Settlement Scheme No. VIII--Supreme Court declined to interfere and refused leave to appeal.
Judgment & Decree
NASIM HASAN SHAH, J.--The petitioners are locals residing in a part of a three-storeyed evacuee house situated in Gowalmandi, Lahore. The application submitted by them under Settlement Scheme No. VIII for transfer of the portion of the house in their occupation on 24-10-1966 was dismissed on the ground that the entire house already stood transferred to two other parties, who too were occupants of the house but were claimants or non-claimants, by the order dated 28-9-1966 passed by the Additional Settlement Commissioner and hence they could not be transferred any part of the house as no part of it was "available" for transfer. This being the condition prerequisite for transfer under Settlement Scheme No. VIII. The said view of the Settlement authorities was upheld by the High Court while dismissing the writ petition filed by the petitioners. Hence this petition for leave to appeal. The view taken by the Settlement authorities and upheld by the High Court is plainly correct. No ground for interference with their orders, therefore, exists. This petition is dismissed. M.I./Q-8/4., Petition dismissed.