P L D 1991 Lahore 377 (PLP)
Mst. TAJ BEGUM and 4 others — Appellants Versus ABDUL HAQ and 6 others — Respondents
| Citation | P L D 1991 Lahore 377 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. TAJ BEGUM and 4 others — Appellants Versus ABDUL HAQ and 6 others — Respondents |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 377 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 377 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 377 (PLP) (Mst. TAJ BEGUM and 4 others — Appellants Versus ABDUL HAQ and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Anwar-ul-Haq for Appellants. Mian Dilawar Mahmood for Respondents.
Headnotes / Summary
). 2(9)(b)
Settlement Scheme No. 1, para. 22-A
Market value of evacuee property
Local person was entitled to transfer of an evacuee property on payment of market value of the same
Market value was the value determined as forty times the annual rental value plus fifteen per cent. thereof--Where there were two rental values assessed in respect of the property in dispute; one by the Excise and Taxation Department and the other by the Municipal Committee, the lesser of the two assessments had to be made the basis of computation of the market value
Settlement Department having not considered lesser price for determination of the market vlaue, High Court declared the order of Settlement Department as passed in complete disregard of the law. [p. 380] A
). 19
Constitution of Pakistan (1973), Art.199
Law Reforms Ordinance (XII of 1972), S.3
No period of limitation was prescribed .for filing revision
Delay in filing revision had occurred due to the death of the husband of appellant who was pardanashin lady not otherwise literate and had minor children to look after
Rigors of the principles of laches would not be attracted and a lenient view was called for in order to promote the ends of justice
Appellant had all along been in possession of the property and being a poor widow her dislocation at this juncture of her life would operate harshly on her and such a situation could not be countenanced especially when the contesting respondents would not suffer any such difficulty and could be compensated otherwise.--[Limitation -laches]. [p. 381] B
Judgment & Decree
). 2(9)(b)
Settlement Scheme No. 1, para. 22-A
Market value of evacuee property
Local person was entitled to transfer of an evacuee property on payment of market value of the same
Market value was the value determined as forty times the annual rental value plus fifteen per cent. thereof--Where there were two rental values assessed in respect of the property in dispute; one by the Excise and Taxation Department and the other by the Municipal Committee, the lesser of the two assessments had to be made the basis of computation of the market value
Settlement Department having not considered lesser price for determination of the market vlaue, High Court declared the order of Settlement Department as passed in complete disregard of the law. [p. 380] A Gulzar Muhammad v. Chief Settlement Commissioner, Pakistan and another PLD 1963 (W.P.) Lah. 488 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
). 19
Constitution of Pakistan (1973), Art.199
Law Reforms Ordinance (XII of 1972), S.3
No period of limitation was prescribed .for filing revision
Delay in filing revision had occurred due to the death of the husband of appellant who was pardanashin lady not otherwise literate and had minor children to look after
Rigors of the principles of laches would not be attracted and a lenient view was called for in order to promote the ends of justice
Appellant had all along been in possession of the property and being a poor widow her dislocation at this juncture of her life would operate harshly on her and such a situation could not be countenanced especially when the contesting respondents would not suffer any such difficulty and could be compensated otherwise.--[Limitation -laches]. [p. 381] B Pakistan Post Office v. Settlement Commissioner and others 1987 SCMR 1119 ref. Sh. Anwar-ul-Haq for Appellants. Mian Dilawar Mahmood for Respondents. Date of hearing; 18th March, 1991.