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Petitioner: INAYAT KHAN VS Respondent: ALI ASGHAR and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Rafique Tarar, Abdul Shakurul Salam Title: INAYAT KHAN vs ALI ASGHAR and another Case No.: Civil Appeal No,23 of 1981 Date of Judgment:1991-06-03 Reported As: 1992 SCMR 1751 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' ABDUL SHAKURUL SALAM, J.---In this appeal by leave the dispute relates to transfer of Property No,319, Rachpal Nagar Gojra, Tehsil and District Toba Tek Singh also known as Ihata No,24/1, Chak No, 365 J.B. Details of the litigation are not necessary. The case of the appellant for transfer is based on an allotment order in his favour, dated 10-4-1961. If the property is taken as urban the target date for possession under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 is 20th of December, 1958. On the other hand; if the property is taken as rural then the target date under Settlement Scheme No, VII is 1st of January, 1961. In either case the appellant would not be entitled to transfer because his allotment was later than the aforesaid two target dates. Reliance of the learned counsel for the appellant on para 54 of the Rehabilitation and Settlement Scheme and the Displaced Persons (Land Settlement) Act, 1958 is not apt as that relates to allotment not to transfer. ' In this view of the matter, the appeal cannot succeed and is dismissed, but in the circumstances without any order as to costs.