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Petitioner: REHMAT ALI VS Respondent: ADDITIONAL SETTLEMENT COMMISSIONERHonorable Justice Nasim Hasan Shah
1988 S C M R 566
1988 S C M R 566
Present: Nasim Hasan Shah and Saad Saood Jan, JJ
REHMAT ALI--Petitioner versus ADDITIONAL SETTLEMENT COMMISSIONER and others--Respondents
Civil Petition No.727 of 1980, decided on 20th February, 1988.
(On appeal from the judgment dated 24-3-1980 of the Lahore High Court in Writ Petition No.1165-R of 1974).
Constitution of Pakistan (1973)-
---Art.185(3)--Ejectment from evacuee property--Question of transfer re-agitated to prolong possession--Rent Controller ordering ejectment in May 1964 after petitioner's admission before him that property in dispute stood transferred to others--Petitioner re-agitating question of transfer by miscellaneous application filed before Settlement Authorities in February, 1973--High Court's order refusing to allow this contrivance to succeed so as to enable petitioner to hold on to the premises in question, upheld--Petition dismissed.
A. R.Shaukat, Senior Advocate Supreme Court and M.Aslam Ch., Advocate-on-Record for Petitioner. Ghulam Muhammad Qureshi, Advocate Supreme Court and Abid Nawaz, Advocate-on-Record for Respondent No.5.
Date of hearing: 20th February, 1988.
ORDER NASIM HASAN SHAH, J.--The petitioner, after having been ordered to be ejected from Property No.3/71 under the order of the Rent Controller dated 4-5-1964 before whom he admitted that the said property stood transferred to others, started to re-agitate the question of transfer of this property by filing a miscellaneous application on 24-2-1973 before the Deputy Settlement Commissioner.
In these circumstances, the High Court has rightly refused to allow this contrivance to succeed to enable the petitioner to hold on A to the premises in question. We cannot allow this either and whole- heartedly endorse the judgment of the High Court.
M.I. /R-38/8 Petition dismissed.