1983 PLP 1036 (SCMR)
FAIZ ALI Petitioner Versus MESSRS BARKAT ALI AND OTHERS — Respondents
| Citation | 1983 PLP 1036 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Nasim Hasan Shah, JJ |
| Parties | FAIZ ALI Petitioner Versus MESSRS BARKAT ALI AND OTHERS — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 1036 (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 1036 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1036 (SCMR) (FAIZ ALI Petitioner Versus MESSRS BARKAT ALI AND OTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Zamir Hussain, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 16th March, 19$3.
- Syed Zamir Hussain, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment, dated 23-7-1976 of the Lahore High Court; Lahore in Writ Petition No. 1090/R of 1976). - Arts. 185 (3) & 199-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Order of Settlement Commis sioner relying on note of Additional Settlement Commissioner after ins pection of spot, that house was capable of division and may be trans ferred to parties, held, a fair and proper order-Such order manifestly not amenable to interference by High Court in Constitutional jurisdic tion-Fortiorari cannot be interfered with by Supreme Court Leave to appeal refused.
Judgment & Decree
NASIM HASAN SHAH, J.‑This petition is directed against the order of a learned Single Judge of the Lahore High Court dated 23‑7‑1976 dismissing the writ petition filed by the petitioner herein in limine. Both the parties are in occupation of different parts of a house situate in Kucha Acharian, Ghumti Bazar, Lahore. Both sought transfer of the said house resulting in several rounds of litigation between them. Ultimately, in the 3rd round, the house was ordered to be transferred by the Settlement Commissioner vide his order dated 13‑4‑1976 to the parties in accordance with their actual possession. The petitioner being in occupation of only two rooms has, accordingly been transferred the said two rooms, while the rest of the house has gone to the respondents. The High Court considered this solution to be a just and fair resolution of the dispute and dismissed the writ petition vide its order dated 23‑7‑1976. Hence this petition for leave to appeal. Syed Zamir Hussain, counsel for the petitioner, has been heard in support of this petition. He attempted to raise certain highly legalistic questions to assail the order of the Settlement authorities with which the High Court had refused to interfere. But we, however, are of the opinion that the order of Settlement Commissioner, who relied upon the note of the Additional Settlement Commissioner after inspection of the sport that house was capable of division and may be transferred to them in accordance with the possession of the parties, is a very fair and proper order. Such an order was mani festly not amenable to interference by the High Court. The writ petition was, therefore, rightly dismissed and a fortiorari cannot be interfered with by this Court. The petition must, accordingly, fail and is dismissed hereby. M. Z. M. Petition dismissed.