SCMR 1982

1982 PLP 1073 (SCMR)

GULAB DIN Petitioner Versus SETTLEMENT COMMISSIONER, LAHORE DIVISION LAHORE AND OTHERS-Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 144 of 1978, decided on 15th June, 1982.
Honorable Judges
Aslam Riaz Hussain and M. S. H. Qureshi, JJ
Case Reference Summary (AEO Optimized)
Citation 1982 PLP 1073 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and M. S. H. Qureshi, JJ
Parties GULAB DIN Petitioner Versus SETTLEMENT COMMISSIONER, LAHORE DIVISION LAHORE AND OTHERS-Respondents
Primary Law Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1982 PLP 1073 (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 1982 PLP 1073 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and M. S. H. Qureshi, JJ.

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

Cite this legal precedent as: 1982 PLP 1073 (SCMR) (GULAB DIN Petitioner Versus SETTLEMENT COMMISSIONER, LAHORE DIVISION LAHORE AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Representation

  • Afrasiab Khan, Advocate Supreme Court with S Inayat Hussain Shah, Advocate-on-Record for Petitioner
  • Ch. Abdul Aziz, Advocate Supreme Court with Mian Ataur Rahman, Advocate-on-Record for Respondents.
  • Date of hearing : 15th June, 1982.

Headnotes / Summary

(Against the judgment of the Lahore High Court, dated 4-12-1975, passed in Writ Petition No. 1279-R-75).

S. 2-Division of evacuee premises-Settlement authority having had jurisdiction to divide evacuee premises, Supreme Court declined to go into correctness or propriety of order dividing such property passed by Settlement authority.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J. The petitioner seeks Leave to Appeal against the judgment of the learned Single Judge of the High Court, dated 4-12-1975, dismissing his writ petition in a settlement matter. The dispute relates to 54 feet long verandah/thara attached to the house No. 1/2 Chawinda (District Sialkot). The said house has been transferred to Gulab Din petitioner and Feroze Din respondent No. 3 in almost equal portions. The Settlement Authorities also equally divided the area of the verandah between the said parties

2. The petitioner submits that since the entire verandah adjoins the portion of the house transferred to him (shown in blue pencil on the attached site plan called for by us through the Deputy Settlement Commissioner whole is present in Court) the same should have, been transferred to him, to they exclusion of Feroze Din respondent. Although his submission is correct yet since the Settlement Officer who divided the verandah in dispute had the jurisdiction to do so we do not wish to go into the correctness or propriety of the division made by him. Moreover, it is a petty matter which does not involve any question of law.

3. The petition is, therefore, dismissed us being without any merit. Petition dismissed.