DR. MUHAMMAD BAQIR vs THE CHIEF SETTLEMENT & REHABILITATION — 1971 PLD 184

Citation: 1971 PLD 184

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: DR. MUHAMMAD BAQIR vs THE CHIEF SETTLEMENT & REHABILITATION JUDGMENT

Headnotes

Case cited as PLD 1971 SC 184

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:DR. MUHAMMAD BAQIR vs THE CHIEF SETTLEMENT & REHABILITATION JUDGMENT Reported As: 1971 SCMR 550 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMED, J.---This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Writ Petition No. 2304/R of 1962, dated the 2nd March 1965. By this judgment, the High Court held that the appellant was not a displaced person and dismissed his writ petition. The dispute between the parties is in respect of house No. 12/G, Model Town, Lahore. It was allotted to the appellant on the 11th September 1949. The appellant applied for its transfer on N. C. H. Form on the allegation that he was a non---claimant displaced person and the Deputy settlement Commis--sioner, Lahore, on the 15th June 1960, transferred it to him on evaluation basis on condition that he would associate with him claimant displaced persons. The appellant paid the assessed price of Rs. 44,381 by associating claimants with him and also paid the arrears of rent amounting to Rs. 4,283.11. It appears that respondent No. 2 informed the Director of Enforcement Staff that the above transfer was illegal as the appellant was a local. Thereupon, Mr. Bashir Ahmad, Settlement Commissioner (Policy), issued a notice on the 16th February 1961, under section 20(3) of the Displaced Persons (Compensation and Rehabilitation)…

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