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Petitioner: Malik TOFAZZAL HUSSAIN AND Another VS Respondent: THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND 2 OHTERS
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title:Malik TOFAZZAL HUSSAIN AND Another vs THE SETTLEMENT AND
REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND 2 OHTERS Case No.: Civil Petition for Special Leave to Appeal No. 341 of 1973 L. P. A. No. 49 of 1967 Date of Judgment:1974-03-10 Reported As: 1976 SCMR 525 Result: Petition dismissed Judgment ORDER SALAHUDDIN AHMED, J.--This leave petition is directed against the order of the High Court allowing the Letters Patent Appeal of respondents Nos. 2 and 3, and maintaining the order of the Settlement and Rehabilitation Commissioner dated the 28th May 1962. The shop in dispute had been put up to auction and it was purchased by the appellant for Rs. 1000 and a provisional transfer order was issued to him. Sher Ali, an old tenant of the shop objected to the auction on the ground that he was unable to participate in the auction due to the incorrect particulars given in the Auction List about the location of the shop and its occupant. It transpired later that the suction proceedings were irregular and the auction was not confirmed. The Settlement and Rehabilitation Commissioner, therefore, by his order dated the 28th May 1962, declared that the shop be put to auction again. This order was challenged by the appellant in a writ petition. The petition was allowed by a Single Judge of the High Court. On the Letters Patent Appeal of respondents Nos. 2 and 3 however, the writ petition was dismissed. The Provisional Transfer Order did not transfer any title to the appellant. The auction was not confirmed and the appellant did not pay to entire price of the shop. In these circumstances we are unable to find any fault with the impugned order of the High Court. The petition is dismissed.