1968 SCMR 598 (PLP)
ALTAF HUSSAIN-Petitioner Versus NOOR MUHAMMAD AND ANOTHER — Respondents
| Citation | 1968 SCMR 598 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. A. Rahman and Muhammad Yaqub Ali, JJ |
| Parties | ALTAF HUSSAIN-Petitioner Versus NOOR MUHAMMAD AND ANOTHER — Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 598 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 598 (PLP)?
The case was heard and decided by the High Court bench comprising: S. A. Rahman and Muhammad Yaqub Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 598 (PLP) (ALTAF HUSSAIN-Petitioner Versus NOOR MUHAMMAD AND ANOTHER — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Akhtar Mahmud, Advocate Supreme Court instructed by V. Ahmad Kidwai, Attorney for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 25th April 1967, in L. P. A. No. 12-1 of 1963). Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sch., Part I-L. H. Form bearing endorsement by the office of Settlement Department that it was rejected-Whether High Court justified in setting aside subsequent sale of house by auction-Special Leave to Appeal granted by Supreme Court.
Judgment & Decree
MUHAMMAD YAQUB ALI J.-The High Court has in writ jurisdiction set aside the sale of the house in dispute in favour of the petitioner by a public auction on the view that the L. H. Form filed by the respondent No. 1 for its transfer was not disposed of by the Deputy Settlement Commissioner. Our attention has been drawn to the application Annexure made by the respondent No. 1 to the Deputy Settlement Commissioner at the foot of which there is a note by the Office that the L. H. Form of the applicant was rejected on 21,-12-1959 and thereupon the house sold by public auction. It appears that the attention of the learned Judges was not drawn to this document. The findings of the Settlement Authorities are also to the sans effect. We accordingly grant leave to appeal to eonsider whether the ground off which the High Court order is based is factually correct. Security-Rs. 1,
000. Leave granted.