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ABDUL HAMID KHAN vs SETTLEMENT & REHABILITATION COMMISSIONER, — 1976 SCMR 19

Citation: 1976 SCMR 19

Court: Supreme Court of Pakistan

Year: 1966

Decision Date: 1966-06-16

Parties: ABDUL HAMID KHAN vs SETTLEMENT & REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND Other

Headnotes

Case cited as 1976 SCMR 19

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Dr. Sheikh Abdul Rahman Title:ABDUL HAMID KHAN vs SETTLEMENT & REHABILITATION COMMISSIONER, LAHORE DIVISION, LAHORE AND Other Case No.: Civil Review Petition No. 22 of 1966 Civil Appeal No. 118 of 1965 Date of Judgment:1966-06-16 Reported As: 1976 SCMR 19 Result: Petition dismissed Judgment ORDER CORNELIUS, C. J.-By this petition, review is sought only of that part of this Court's judgment of the 15th April 1966, where it is said that transfer of the "excess area" included in the compound of an evacuee house to the transferee of that house was in the discretion of the Settlement Authorities, and there had been no illegality in the exercise of that discretion. It was said also that after the present petitioner's claim to transfer of the property in which he occupied only an out-house, had been rejected, he had no locus stands to challenge the transfer of the 'excess area' to the transferee. Mr. Shabbir Ahmad's contention is that under certain instructions of the Chief Settlement Commissioner, "excess area" beyond a prescribed minimum should be sold by auction, and he adds that his client, who has been living in an out-house on the estate for many year-3, wishes to bid at such an auction. The mere desire to bid for a property at an auction does not carry a vested right to bring such property to auction. It is difficult to suppose that for property situated in a very central part of Lahore Civil Lines, where…

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