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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1970 PLD 289
Court: Lahore High Court
Year: 1969
Decision Date: 1969-02-17
Parties: Mst. SHARIFAN AND 8 Other vs Khan MUQARRAB KHAN, SETTLEMENT COMMIS SIONER, LAHORE AND 7 Other
Case cited as PLD 1970 Lahore 289
Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Sheikh Anwarul Haq Title:Mst. SHARIFAN AND 8 Other vs Khan MUQARRAB KHAN, SETTLEMENT COMMIS SIONER, LAHORE AND 7 Other Case No.: Letters Patent Appeal No. 301 of 1968 Date of Judgment:1969-02-17 Reported As: PLD 1970 Lahore 289 Result: Appeal dismissed Judgment ORDER DR. NASIH HASSAN SHAH, J.-By an order dated 12-7-66 passed in Writ Petition No. 1343/R-62, by Mr. Justice Abdul Hamid, the case relating to the transfer of property No. S-81-R-2 Katchery Road, Lahore, was remitted to the Settlement Commis--sioner with the direction that the appeal filed by Mian Abdul Hakim (the predecessor of the present appellants) should be re-hearts after notice to the parties. In pursuance of that order Mr. Muqarrab Khan re-heard the case and holding that the appeal filed by Mian Abdul Hakim was liable to dismissal, inter alia, because the same was time- barred for condonation of delay existed, proceeded to dismiss the appeal. 2. The question raised before us is that Mr. Muqarrab Khan could not hear and determine the appeal of Mian Abdul: Hakim as he was not the Settlement Commissioner appointed under section 9 of Displaced Persons (Compensation and Rehabilitation) Act, 1958, to exercise the revisional powers of the Settlement Commissioner under section 20 (3). It is contended that the order passed by him is without jurisdiction and of no-- legal effect. 3. This contention was also raised before the learned Chief Justice and repelled…
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