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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ANWARUD DIN AKMAL VS Respondent: ABDUL MATEEN SIDDIQUI
1988 S C M R 1971
1988 S C M R 1971
Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ
Mirza ANWARUD DIN AKMAL (DECEASED) REPRESENTED BY MST. MUMTAZ AKMAL and others‑‑Petitioners
versus
SH.ABDUL MATEEN SIDDIQUI and others‑‑Respondents
Civil Petition No.22 of 1982, decided on 11th July, 1988.
(From the judgment of Lahore High Court dated 27‑9‑1981 in W.P. No.1176‑R of 1969).
Displaced Persons (Compensation and Rehabilitation) Act. (XXVIII of 1958)‑‑
‑‑S.10‑‑Constitution of Pakistan (1973), Art.185 (3)‑‑Leave to appeal‑‑Grant of‑‑Auction by Settlement Authority contrary to law‑ Petitioners' predecessor‑in‑interest was allottee in possession‑‑Property auctioned by Deputy Settlement Commissioner in spite of orders of Additional Settlement Commissioner that auction of houses in rural areas even of more than Rs.10,000 was not called for‑‑Auction of Deputy Settlement Commissioner assailed as contrary to law‑‑Leave to appeal granted to examine in detail the contention that High Court had not adverted to this important legal aspect.
Syed Muhammad Zainul Abidin, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
Tanvir Ahmad, Advocate‑on‑Record and Sh.Abdul Manna, Advocate Supreme Court for Respondents Date of hearing: 11th July, 1988.
ORDER
GHULAM MUJADDID MIRZA, J. ‑‑Learned counsel for the petitioners contends, inter alia, that the High Court did not advert to an important legal aspect and that is that the Additional Settlement Commissioner by his order dated 26‑5‑1965 advised the Deputy Settlement Commissioner that the auction of houses in rural areas, A even of more than Rs.10,000 was not called for. Yet the Deputy Settlement Commissioner auctioned the property in dispute on 29‑6‑1965. This was contrary to law especially when the predecessor -in‑interest of the petitioners was held allottee in possession.
The contention has good deal of force. It needs to be examined in detail. Leave is accordingly granted.
Security Rs.5,000. Appeal to be prepared on the present record. The parties if they so wish may file additional documents within two months.
M.I./A‑321/S Leave granted.