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NOOR ELAHI vs SETTLEMENT COMMISSIONER AND ANOTHER — 1982 CLC 1343

Citation: 1982 CLC 1343

Court: Lahore High Court

Year: 1966

Decision Date: 1966-12-22

Parties: NOOR ELAHI vs SETTLEMENT COMMISSIONER AND ANOTHER

Headnotes

Case cited as 1982 CLC 1343

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: NOOR ELAHI vs SETTLEMENT COMMISSIONER AND ANOTHER Case No.: Writ Petition No. 2682-R of 1963 Date of Judgment:1966-12-22 Reported As: 1982 CLC 1343 Result: M. JUDGMENT JUDGMENT This is a petition under Article 98 of the Constitution by Noor Elahi who has challenged the order of the Settlement Commissioner. 2. The facts of this case are that property No. S-90-R-7 consists of three shops. This property was burnt at the time of partition. Certain persons reconstructed the said property. One of the shops in dispute was allotted to the petitioner on 9th July, 1949 regularising the possession with effect from 24th December, 1947, which he reconstructed in the year 1948. At the time of Settlement Operations, the petitioner filed a form for the transfer of the plot over which the entire shop was constructed, The other persons also submitted their forms. The Deputy Settlement Commissioner vide his order dated 5th October, 1960 transferred one of the shops to the petitioner. Muhammad Talib, therefore, filed an appeal which was dismissed by the Additional Settlement and Rehabili--tation Commissioner on 28th November, 1962 on the ground that it was barred by time for more than 7 months and the learned Additional Settle--ment Commissioner observed that no reasonable cause for this long inordinate delay was shown to him. Thereafter, revision petition was filed by the respondent on 25th June, 1963, which was accepted by…

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