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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: UMAR DIN and others VS Respondent: ALI MUHAMMAD and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Haleem, Shafi-ur-Rehman, Saad Saood Jan Title: UMAR DIN and others vs ALI MUHAMMAD and others Case No.: Civil Appeal No,27 of 1989 and Civil Petition No,715 of 1979 Date of Judgment:1989-02-15 Reported As: 1989 SCMR 1014 Result: Appeal allowed
Judgment ORDER ' MUHAMMAD HALEEM, C.J.--The question in this petition involves the propriety of the division, and the High Court in Writ Petition No,241-R of 1971 while remanding the case to the Settlement and Rehabilitation Commissioner directed the case to be disposed of as follows: "The proper course should have been to transfer the portions of the disputed property in possession of the petitioners to them and that portion which was in possession of respondents 2 to 9 to them, besides such other claimants in possession of the portions of the disputed property." As in our view this was not the correct mode of the division of the property in terms of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, we directed issue of notice to the respondents for consideration of the point "as to why the petition be not converted into appeal and an open-ended remand order be passed directing the Notified Authority to examine afresh the question of divisibility of the property and thereafter the entitlement of the claimants thereto." ' The learned counsel for the respondents appeared today and consented to the passing of such an order. ' Accordingly, we would convert this petition into an appeal and allow it in the above terms. However, we would direct that the Notified Officer shall dispose of the case within three months. There will be no order as to costs.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.