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Petitioner: AHMAD DIN VS Respondent: ABDULLAH and others
Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum, Raja Abdul Aziz Bhatti Title: AHMAD DIN vs ABDULLAH and others Case No.: Intra-Court Constitutional Appeal No, 180 of 1980 Date of Judgment:1994-09-05 Reported As: 1995 CLC 1557 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' MALIK MUHAMMAD QAYYUM, J.--This appeal under section 3 of the Law Reforms Ordinance, 1972 arises out of a Settlement matter. The Constitutional petition filed by the petitioner against the order dated 4-2-1976 of the Deputy Settlement Commissioner holding that the property in possession of the appellant already stood transferred to respondents Nos. 1 and 2, was dismissed by the learned Single Judge on 31-3-1980. 2. The first question that arises is to the maintainability-of this appeal. The first order in the case i,e, of transfer of the disputed property passed under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, was still in force and that order as such was appealable. Consequently, this appeal is hit by the proviso to section 3 of the Law Reforms Ordinance, 1972 as held by the A Supreme Court in Mst. Karim Bibi and others v. Hussain Bakhsh and another (PLD 1984 SC 344) and reaffirmed in Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore (PLD 1985 SC 107). 3. This appeal is dismissed as incompetent leaving the parties to bear their own costs.