ABDUL HAMID KHAN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, — 1971 SCMR 711

Citation: 1971 SCMR 711

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL HAMID KHAN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND 2 Other

Headnotes

Case cited as 1971 SCMR 711

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius Title:ABDUL HAMID KHAN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND 2 Other Case No.: Civil Review Petition No. 22 of 1966 Civil Appeal No. 118 of 1965 Date of Judgment:- Reported As: 1971 SCMR 711 Result: Petition dismissed Judgment ORDER CORNELIUS, C. J.-By this petition, review is sought only of that part of this Court's judgment of the 15th April 1966, where it is said that transfer of the "excess area" included in the com--pound of an evacuee house to the transferee of that house was in the discretion of the Settlement Authorities, and there had been no illegality in the exercise of that discretion. It was said also that after the present petitioner's claim to transfer of the property in which he occupied only an outhouse, had been rejected, he had no locus standi to challenge the transfer of the `excess area' to the transferee. Mr. Shabbir Ahmad's contention is that under certain instruc--tions of the Chief Settlement Commissioner, "excess area" beyond a prescribed minimum should be sold by auction, and he adds that his client, who has been living in an outhouse on the estate for many years, wishes to bid at such an auction. The mere desire to bid for a property at an auction does not carry a vested right to bring such property to auction. It is difficult to suppose that for property situated in a very central part of Lahore civil ,lines, where prices rule very high, a…

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