J. M. ZAIDI vs SETTLEMENT AND REHABILITATION COMMISSIONER, KARACHI AND — 1949 PLD 187

Citation: 1949 PLD 187

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: J. M. ZAIDI vs SETTLEMENT AND REHABILITATION COMMISSIONER, KARACHI AND JUDGMENT

Headnotes

Case cited as PLD 1949 P C 187

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Imdad Ali H. Agha Title:J. M. ZAIDI vs SETTLEMENT AND REHABILITATION COMMISSIONER, KARACHI AND JUDGMENT Reported As: PLD 1971 Karachi 806 Result: Appeal dismissed Judgment JUDGMENT QADEERUDDIN AHMED, C. J.--This Letters Patent Appeal is directed against the judgment of Mr. Justice Wahiduddin Ahmed, a Single Judge of the High Court of West Pakistan, and now a Judge of the Supreme Court of Pakistan, by which he dismissed the Constitutional Petition of the present appellant bearing No, 943 of 1963. In support of the appeal, Mr. A. K. Brohi's stand was that it was unnecessary to go into the facts of the case because the parties had compromised their disputes and the sole question which arose for determination from the terms of the compromise in this appeal was whether respondent No, 4 was a claimant or not, and that this question could be answered simply by examining the definition of the term "claimant" as given in section 2 (2) of the Displaced Persons (Compensation and Rehabilitation) Act of 1958. The definition is as follows : "Claim ant'.--Means displaced person whose claim (excluding claim in respect of agricultural land) has been registered under the aforesaid Act of 19'6 and includes the successor-ininterest of a claimant who dies on or before the 31st day of August 1959, but does not include any such person whose claim has subsequent to registration been withdrawn or rejected." He pointed out that the second…

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