1976 PLP 389 (SCMR)
FAZAL DIN‑Petitioner Versus THE SETTLEMENT COMMISSIONER AND ANOTHER‑Respondents
| Citation | 1976 PLP 389 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Yaqub Ali, C. J. and Muhammad Gul, J |
| Parties | FAZAL DIN‑Petitioner Versus THE SETTLEMENT COMMISSIONER AND ANOTHER‑Respondents |
| Primary Law | Displaced Person, (Compensation and Rehabilitation) Act (XXVIII of 1958)‑ |
Q1: What are the key laws and sections cited in 1976 PLP 389 (SCMR)?
This judgment primarily cites: Displaced Person, (Compensation and Rehabilitation) Act (XXVIII of 1958)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 389 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Yaqub Ali, C. J. and Muhammad Gul, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 389 (SCMR) (FAZAL DIN‑Petitioner Versus THE SETTLEMENT COMMISSIONER AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. R. Shaukat, Senior Advocate Supreme Court instructed by Sh. Wali Muhammad, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 21st November 1975.
Headnotes / Summary
(On appeal from the judgment and order of Lahore High Court, Lahore, dated 17‑6‑1974, In Writ Petition No. 407/R of 1971). ‑‑ Sched , Part I‑Transfer ‑ of house ‑ Petitioner contending to save a prior claim to allotment being in prior possession ‑‑ No evidence to such effect being available on record petitioner granted time to produce certified copies of relevant record but such copies not only not filed but petitioner's counsel expressing his inability to produce such copies‑Petition for leave to Appeal dismissed Constitution of Pakistan (1973), Art. 185(3).
Judgment & Decree
MUHAMMAD YAQUB ALI, C. J.‑.The Settlement authorities have, in preference to Fazal Cain, petitioner, transferred the house in dispute bearing No. B‑II‑5/8‑64, situated in Okara, District Sahiwal, to Muhammad Ibrahim, respondent herein, on the basis of his occupation of a major portion of the house. It has further been held that the house is indivisible. The High Court has declined to interfere with the transfer in exercise of Writ Jurisdiction. The petitioner has applied for leave to appeal contending Inter alia that he is in prior possession of a part of the house. As there was no evidence on the record to this effect. the petitioner was granted an adjournment on 31st July 1975, to a date in office for filing certified copies of the relevant record. 7 he matter has now been taken up after expiry of 3 months and 20 days but the requisite copies have not been filed. Indeed Mr. A. R. Shaukat expressed his inability to produce certified copies from the Settlement record showing the prior possession of the petitioner. In the circumstances the petition for leave to appeal is dismissed. Petition dismissed.