1988 PLP 565 (SCMR)
RIAZUL HAQUE — Petitioner Versus ABDUL SAMAD and others — Respondents
| Citation | 1988 PLP 565 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Saad Saood Jan, JJ |
| Parties | RIAZUL HAQUE — Petitioner Versus ABDUL SAMAD and others — Respondents |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) |
Q1: What are the key laws and sections cited in 1988 PLP 565 (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 1988 PLP 565 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 565 (SCMR) (RIAZUL HAQUE — Petitioner Versus ABDUL SAMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khan Muhammad Younas Khan, Advocate Supreme Court and Mahmood A.Qureshi, Advocate-"-Record for Petitioner.
- Ch. Ghulam Mujtaba, Advocate-on-Record for Respondent No.1. Date of hearing: 20th
Headnotes / Summary
(On appeal from the judgment dated 16-12-1985 of the Lahore High Court, Lahore in Writ Petition No.272-R of 1977).
S.10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Transfer of evacuee property--Agreement of Association- Will--Document executed on "agreement of association" and not a "will"--Effect--Petitioner who was also one of legal heirs of transferee, claiming property under an agreement of association entered into by transferee wherein he undertook to transfer property in his favour alone on latter's paying the transfer price--Leave to appeal granted to consider plea that High Court erred in considering that Deputy Settlement Commissioner had to appoint legal heirs of transferee and could not hold that property in question devolved solely in favour o: petitioner under a will, because, document described by High Court as a "will" appeared to be an "Agreement of Association" and such agreements were permissible under Settlement Scheme. February, 1988.
Judgment & Decree
NASIM HASAN SHAH, J.--The contention is that the learned Judge in the High Court fell into an error in considering that the) Deputy Settlement Commissioner had to appoint legal heirs of the transferee and that he (Deputy Settlement Commissioner) could not hold that the property in question devolved solely in favour of one of the heirs, namely Riaz-ul-Haque (the petitioner herein) under a will. According to the learned counsel for the petitioner, the position was that Riaz-ul-Haque aforesaid was not claiming the property under a will but was claiming it under an "Agreement of Association" entered into by the transferee (the father of the parties), whereunder he undertook to transfer the property in his favour alone, on the latter paying the transfer price. There is some force in this contention because the document described by the High Court as a "Will" indeed appears to be an "agreement of Association". Such agreements were permissible under the Scheme framed under the Displaced Persons (Compensation & B Rehabilitation) Act, 1958, permitting a transferee to surrender the property (transferred in his favour) to the person who undertook to pay its transfer price. In this case, the petitioner undertook to pay the transfer price. Leave granted. Security Rs.5,
000. The appeal shall be made ready on the present record, with liberty to the parties to add further documents, if any. The operation of the impugned order of the High Court shall remain suspended meanwhile. M.I. /R-39/8 Leave granted.