MUHAMMAD SALEH vs Tim CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 2 — 1972 PLD 326

Citation: 1972 PLD 326

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD SALEH vs Tim CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 2 JUDGMENT

Headnotes

Case cited as PLD 1972 Supreme Court 326

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:MUHAMMAD SALEH vs Tim CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 2 JUDGMENT Reported As: PLD 1972 Supreme Court 326 Result: A. Judgment JUDGMENT SAJJAD AFIMAD, J.-The brief facts leading up to this appeal by special leave are as follows :---- Muhammad Usman, the father of Muhammad Saleh, the appellant herein, was allotted the first floor of the building bearing city survey No. 636 at Mirpur Khas as a house on the 14th January 1949. The ground floor of this property consisted of shops which were transferred to different persons who were in occupation thereof. These shops are not in dispute in these proceedings. As admitted by the Settlement Department, Muhammad Usman converted the first floor which was allotted to him into a hotel in the year 1949. Additionally he constructed 8 rooms at his own expenses on the second floor with the permission of the Custodian, Evacuee Property and after obtaining the requisite sanction from the Municipal Committee. The first floor and the second floor have been in use ever since Ass hotel. These premises were not disposed of by the Settlement authorities as no one made a claim for their transfer, not even the appellant or his father as they had no entitlement for the same under any of the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVIII of 1958), hereinafter described as the 'Act'. However, on the…

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