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A. HAMID vs HUSSAIN HYDER, CHIEF SETTLEMENT AND REHABILITATION — 1968 PLD 921

Citation: 1968 PLD 921

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: A. HAMID vs HUSSAIN HYDER, CHIEF SETTLEMENT AND REHABILITATION JUDGMENT

Headnotes

Case cited as PLD 1968 Lah. 921

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Sheikh Anwarul Haq, A. R. Sheikh Title:A. HAMID vs HUSSAIN HYDER, CHIEF SETTLEMENT AND REHABILITATION JUDGMENT Reported As: PLD 1971 Lahore 858 Result: Order accordingly Judgment JUDGMENT ANWARUL HAQ, C. J.--The question referred to the Full Bench relates to the interpretation of clauses (7) and (8) of Article 14 of President's Order No, 1 of 1970. It has arisen in the following circumstances. 2. By an order, dated the 30th of May 1961, the Additional Settlement Commissioner, Peshawar, transferred, by private negotiations, to the petitioner, A. Hamid, a shop and Balakhana situate in Kissa Khawani Bazar, Peshawar City, for a price of Rs, 24,195.00. The petitioner is a retired officer of the Pakistan Western Railway, and holds a verified claim in the amount of Rs, 37,046.00. The petitioner paid the full transfer price on the 10th of June 1961. The respondent Muhammad Ashraf Kakakhel and one Naseer Ahmad Khan, who is not a party to the present proceedings, filed appeals against the order of transfer, but both the appeals were rejected by the learned Settlement Commissioner by his order dated the 17th of November 1961. Accordingly, a Permanent Transfer Deed was issued in favour of the petitioner on the 7th of September 1962. 3. It appears that the respondent Muhammad Ashraf Kakakhel kept on agitating against the transfer of the property to A. Hamid, with the result that the matter was sought to be re-opened by the…

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