Composite Property
Composite Property legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
House transferred to respondent on basis of his N.C.H. Form-Order impugned on ground that petitioner was not heard in connection with disposal of N . C . H . Form filed by respondent
Petitioner being a claimant displaced person having already obtained a house as well as a commercial unit, held, was not entitled to get a second house
Order of Settlement authorities being just and fair, was unexceptionable in circumstances
Leave to appeal refused.
Other unit transferred to respondent/could not be further divided in 1972 so as either to exclude from it a staircase or a terrace which formed integral part of that unit
Such order unit had become an independent unit and separate property since 1962
Petitioner had no locus standi to challenge transfer of that independent unit to respondent whether in part or as a whole-Order passed by Settlement authorities further dividing such other independent unit was without lawful authority and has rightly been set aside by High Court
Petition for leave to appeal dismissed.
[Locus standi].
S. 2(12)-Composite property-Allotment - Property a composite property - Order of Settlement authority transferring shops to their occupants obviously passed under S. 2(12) of Act XXVIII of 1958-Order of transfer thus passed held, not open to exception.
"Composite Property", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15070
Precedents & Case Laws citing "Composite Property"
1983 S C M R 438
IQBAL MUHAMMAD AND Others-Petitioners Versus MUHAMMAD ILYAS AND Others-Respondents
Court: --S. 2-Scope of-Section 2, held, intended to cover not only com petency but also other forms of defects arising from improper exercise of powers of Chief Settlement Commissioner.-Interpretation of statutes.1983 S C M R 1040
N/A
Court: High CourtP L D 1964 (W
Haji MUHAMMAD HANIF‑Appellant Versus CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND OTHERS‑Respondents
Court: Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958), S. 2(12) Proviso Second‑Composite property consisting of residential and business units‑Each unit may be disposed of separately, even if there is only one applicant, unless Chief Settlement Commissioner declares whole or a part of property as one property‑Rehmat Ullah v. Deputy Settlement Com missioner P L D 1963 S C 633 ref. and Jalil Ahmed v. Settlement and Rehabilitation Commissioner P L D 1962 Kar. 19dissented from.1985 S C M R 122
Sheikh Muhammad Hussain — Petitioner Versus KAMAL DIN and another — Respondents
Court: ---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Composite property--Transfer of portion out of such property in 1962 to petitioner--Other unit transferred to respondent/could not be further divided in 1972 so as either to exclude from it a staircase or a terrace which formed integral part of that unit--Such order unit had become an independent unit and separate property since 1962--Petitioner had no locus standi to challenge transfer of that independent unit to respondent whether in part or as a whole- Order passed by Settlement authorities further dividing such other independent unit was without lawful authority and has rightly been set aside by High Court--Petition for leave to appeal dismissed.--Locus standi.P L D 1973 Lahore 250
DR. FAIZ MUHAMMAD‑Appellant Versus THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE‑Respondent
Court:1985 S C M R 1267
RAZA MUHAMMAD‑‑Petitioner Versus SETTLEMENT COMMISSIONER and others‑‑Respondents
Court: High Court1995 M L D 956
JAN MUHAMMAD ‑‑‑Appellant Versus THE SETTLEMENT AND REHABILITATION COMMISSIONER, SARGODHA
Court: Lahore1995 M L D 1491
JAN MUHAMMAD ‑‑‑Petitioner Versus THE SETTLEMENT AND REHABILITATION COMMISSIONER, SARGODHA DIVISION, SARGODHA‑‑‑Respondent
Court: Lahore1986 S C M R 160
GHULAM RASOOL‑‑Appellant Versus SETTLEMENT COMMISSIONER, KARACHI and another‑‑Respondents
Court: High Court1985 S C M R 1259
MUHAMMAD ALI‑‑Petitioner Versus RIZWAN HUSSAIN and others‑‑Respondents
Court: High Court