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Petitioner: Syed AKHTAR ABBAS VS Respondent: MUSHTAQ AHMAD AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: Syed AKHTAR ABBAS vs MUSHTAQ AHMAD AND OTHERS Case No.: Civil Petition No, 376 of 1979 Date of Judgment:1983-10-04 Reported As: 1984 SCMR 520 Result: Petition dismissed
Judgment ORDER ' NASIM HASAN SHAH, J.-In this case, the dispute relates to the transfer under the provision of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 of an evacuee house valued at Rs, 12,000. The competition is between the occupant of the house respondent No, 1 herein), who is a local and the auction-purchaser (the petitioner herein), who at one point of time was transferred the house as the highest bidder at an auction when it was considered that local occupants were disentitled to the transfer of evacuee houses whose value exceeded Rs, 10,000. Ultimately it was held by the Settlement authorities that the local occupant (respondent No, 1 herein) was entitled to the transfer under the subsequent Scheme viz. Settlement Scheme No, VIII with the result that the house could not have been put to auction at all. Accordingly, the auction-purchaser (petitioner No, 1 herein) had no locus mufti. 2. Mr. Saeedullah Khan for the petitioner, despite his lengthy submission before us, was not able to displace soundness of the view taken by the Settlement authorities and upheld by the High Court. 3. This petition has failed and is dismissed hereby.