1987 PLP 1425 (SCMR)
Mst. AKHTAR BIBI and others‑‑Petitioners Versus MANSOOR AHMAD MALIK and others‑‑Respondents
| Citation | 1987 PLP 1425 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | Mst. AKHTAR BIBI and others‑‑Petitioners Versus MANSOOR AHMAD MALIK and others‑‑Respondents |
| Primary Law | Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1425 (SCMR)?
This judgment primarily cites: Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1425 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1425 (SCMR) (Mst. AKHTAR BIBI and others‑‑Petitioners Versus MANSOOR AHMAD MALIK and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Izharul Haq, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioners.
- Ch. Inayatullah, Advocate Supreme Court and Muhammad Aslam Ch. Advocate‑on‑Record for Respondent No. 2.
- Date of hearing: 3rd June, 1987.
Headnotes / Summary
(On appeal from the order, dated 23‑6‑1986 of the Lahore High Court in Writ Petition No. 1647/R of 1976). ‑‑‑S. 10‑‑Constitution of Pakistan (1973), Arts.185(3) & 199‑‑Settlement of urban evacuee property‑‑Transfer of indivisible evacuee house to claimant displaced persons who were in prior possession‑ Finding of settlement authorities not suffering from any infirmity, High Court declined to interfere in its writ jurisdiction‑‑Order upheld by Supreme Court and petition for leave to appeal being without any merit, dismissed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The dispute in this petition relates to a house situate in Krishan Nagar, Lahore. It has been transferred by the settlement authorities to respondents Nos.2 and 3 in preference to Habibullah, predecessor‑in‑interest of the petitioners. There are findings of the settlement authorities that the house was indivisible and that the possession of respondents Nos.2 and 3 was prior in point of time to that of Habibullah. It may be mentioned that respondents Nos.2 and 3 as well as Habibullah were claimants. The High Court in writ jurisdiction has found no infirmity in the above‑noted findings of the settlement authorities; that being so, its refusal to interfere with the transfer made in favour of respondents Nos.2 and 3 was only proper. This petition is without any merit and is hereby dismissed. M . I . / A‑55 / S . Petition dismissed.