P L D 1975 Karachi 738 (PLP)
DR. Z. H. JAMALI-Petitioner Versus GHULAM HAIDER SHAH AND 2 others — Respondents
| Citation | P L D 1975 Karachi 738 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | DR. Z. H. JAMALI-Petitioner Versus GHULAM HAIDER SHAH AND 2 others — Respondents |
Q1: What are the key laws and sections cited in P L D 1975 Karachi 738 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1975 Karachi 738 (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 1975 Karachi 738 (PLP) (DR. Z. H. JAMALI-Petitioner Versus GHULAM HAIDER SHAH AND 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Masood Hassan for Petitioner.
- Hassan Mehmood Baig for Respondents.
Headnotes / Summary
Ss. 3 & 16(3)-Evacuee property--Transfer of-Jurisdiction-Foundation of jurisdiction of Settlement Authorities to transfer-property-Property must in fact be evacuee property and vested in Central Government after being acquired under notification issued by virtue of S. 3-Property not evacuee property on date of notifieation-Cannot form part of compensation pool-Person agreeing to purchase property from a Hindu owner, applying for confirmation of agreement of sale, Custodian approving agreement, issuing certificate under--S.16(3), granting permission to file suit for specific performance, suit filed and decreed, sale-deed executed and registered and later confirmed by Custodian-Custodian by approving agreement of sale and granting certificate, held, confirmed creation of interest of vendee in property and her being entitled to claim property by filing suit for specific performance of contract-Property ceased to form part of compensation pool and its later acquisition illegal.
Sched. read with S. 3-Property taken out of evacuee pool before notification under S. 3-Could not be validly transferred under Act
P. T. D. issued in respect of such property-Not sanctified-Sanctity attached to P. T. D. only when validly issued and order of transfer final.
Judgment & Decree
Mai. Mehtab Khan v. The Rehabilitation Authority P L D 1973 S C 451 held not applicable. (b) Constitution of Pakistan (1973)‑ ‑‑ Art. 199‑Point urged at writ stage not raised before lower Tribunal‑Not open to be raised before High Court in writ proceedings. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑
Sched. read with S. 3‑Property taken out of evacuee pool before notification under S. 3‑Could not be validly transferred under Act
P. T. D. issued in respect of such property‑Not sanctified‑Sanctity attached to P. T. D. only when validly issued and order of transfer final. Anwar Hussain v. Sarfraz Ahmad P L D 1971 S C 669 ; Muhammad Latif Qureshi v. The State 1968 S C M R, 824 ; Rahim Allah v. District Judge and Settlement Commissioner P L D 1912 S C 60 and Fatima Bai v. Ibrahim P L D 1972 Kar. 610 held not applicable. Masood Hassan for Petitioner. Hassan Mehmood Baig for Respondents. Dates of hearing : 18th January; 2nd, 7th February; 12th, 15th and 21st March 1974.