ABDUL HAQ vs THE GOVERNMENT OF PAKISTAN THROUGH THE CHIEF — 1972 SCMR 224

Citation: 1972 SCMR 224

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL HAQ vs THE GOVERNMENT OF PAKISTAN THROUGH THE CHIEF JUDGMENT

Headnotes

Case cited as 1972 SCMR 224

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:ABDUL HAQ vs THE GOVERNMENT OF PAKISTAN THROUGH THE CHIEF JUDGMENT Reported As: 1972 SCMR 224 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-This petition is directed against the order of a learned Single Judge of the Lahore High Court, whereby the petitioner's second appeal was dismissed in limine. The dispute relates to property No. S-W-3-40-S-I-B, Krishan Nagar, Lahore, which was an evacuee property acquired by the Central Government for disposal under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. It is a composite property comprising of residential and commercial units, and was occupied by four different persons, including the petitioner and Muhammad Hamid, respondent No. 2, all of whom tried for its transfer by the Settlement authorities. It appears that the petitioner, Abdul Haq, appeared before Mr. Abdul Rashid, Assistant Settlement Commissioner, who possessed delegated powers of Deputy Settlement Commissioner, Lahore, and stated before him that he had no objection to the transfer of the house to respondent No. 2, as he had himself withdrawn his claim. The other occupants of the property made similar statements. In these circumstances, the Assistant Settlement Commissioner transferred the entire property to the aforesaid respondent on the 13th of November 1959. The matter was taken in appeal to the Additional Settlement Commissioner, who dismissed…

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