1983 PLP 1091 (SCMR)
Mst. REHMAT BIBI AND ANOTHER-Petitioners Versus Mir RASHID AHMAD AND ANOTHER-Respondents
| Citation | 1983 PLP 1091 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and M. S. H. Quraishi, JJ |
| Parties | Mst. REHMAT BIBI AND ANOTHER-Petitioners Versus Mir RASHID AHMAD AND ANOTHER-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 1091 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 1091 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1091 (SCMR) (Mst. REHMAT BIBI AND ANOTHER-Petitioners Versus Mir RASHID AHMAD AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Shaukat Ali, Advocate Supreme Court instructed by Sh. Salah-ud Din, Advocate-on-Record for Petitioners.
- Gulzar Hasan, Advocate-on-Record for Respondents.
- Date of hearing: 15th March, 1983.
- Kh. Shaukat Ali, Advocate Supreme Court instructed by Sh. Salah‑ud Din, Advocate‑on‑Record for Petitioners.
- Gulzar Hasan, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the order, dated 6-12-1976 of the Lahore High Court passed in Writ Petition No. 1949/R of 1976).
Art. 185 (3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Neither original allottee who died in 1961 nor his successor-in-interest pressing case for transfer until 1968-No proper explanation for delay given by petitioner and filing of form for original allottee not accepted as a fact by Deputy Settlement Com missioner-Writ Petition, held, rightly dismissed by High Court in cir cumstances-Leave to appeal refused.
Judgment & Decree
M.S.H. QURAISHI, J.‑The house in question bad been transferred in favour of respondent Mir Rashid Ahmad on 13‑11‑1963. The petitioners challenged this transfer in 1%8 on the ground that the form filed by their predecessor‑in‑ interest Muhammad Ali on 26‑11‑1959 had remained un decided. They succeeded in their effort and the house was transferred in their favour without notice to the previous transferee, but in appeal the matter was remanded. The Deputy Settlement Commissioner by his order, dated 8‑10‑1976 passed in rewared held the transfer made in favour of Mir Rashid Ahmad to be valid. The petitioners challenged the decision by a writ petition but the same was dismissed In limine for the Reason that neither Muhammad Ali, who is said to have died in 1961, nor his successors‑in‑interest, that is, the petitioners, had pressed their case for transfer until 1968, that there was no proper explanation for the delay and that even the filing of the form by Muhammad Ali accepted as a fact by the Deputy Settlement Com fled that in the circumstances of the case, the High Court was Justified in dismissing the petitioner's writ petition. The petition is dismissed. M. Z. M. Petition dismissed,