SCMR 1988

1988 PLP 566 (SCMR)

REHMAT ALI — Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition No.727 of 1980, decided on 20th February, 1988.
Honorable Judges
Nasim Hasan Shah and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 566 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Saad Saood Jan, JJ
Parties REHMAT ALI — Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1988 PLP 566 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1988 PLP 566 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1988 PLP 566 (SCMR) (REHMAT ALI — Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • A. R.Shaukat, Senior Advocate Supreme Court and M.Aslam Ch., Advocate-on-Record for Petitioner.
  • Ghulam Muhammad Qureshi, Advocate Supreme Court and Abid Nawaz, Advocate-on-Record for Respondent No.5.
  • Date of hearing: 20th February, 1988.

Headnotes / Summary

(On appeal from the judgment dated 24-3-1980 of the Lahore High Court in Writ Petition No.1165-R of 1974).

Art.185(3)--Ejectment from evacuee property--Question of transfer re-agitated to prolong possession--Rent Controller ordering ejectment in May 1964 after petitioner's admission before him that property in dispute stood transferred to others--Petitioner re-agitating question of transfer by miscellaneous application filed before Settlement Authorities in February, 1973--High Court's order refusing to allow this contrivance to succeed so as to enable petitioner to hold on to the premises in question, upheld--Petition dismissed.

Judgment & Decree

NASIM HASAN SHAH, J.--The petitioner, after having been ordered to be ejected from Property No.3/71 under the order of the Rent Controller dated 4-5-1964 before whom he admitted that the said property stood transferred to others, started to re-agitate the question of transfer of this property by filing a miscellaneous application on 24-2-1973 before the Deputy Settlement Commissioner. In these circumstances, the High Court has rightly refused to allow this contrivance to succeed to enable the petitioner to hold on A to the premises in question. We cannot allow this either and whole- heartedly endorse the judgment of the High Court. M.I. /R-38/8 Petition dismissed.