MAJID ALI NAQVI vs ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT — 1964 PLD 217

Citation: 1964 PLD 217

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-26

Parties: MAJID ALI NAQVI vs ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT

Headnotes

Case cited as PLD 1964 Kar. 217

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MAJID ALI NAQVI vs ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT Case No.: Civil Appeal No. K-49 of 1965 Petition No. 67 of 1965 Date of Judgment:1970-01-26 Reported As: 1970 SCMR 375 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave arises out of an order of a Division Bench of the High Court of West Pakistan, Karachi, summarily dismissing a Constitu--tional Petition under Article 98 of the Constitution of 1962 which. Was filed to challenge the validity of an order of the Additional District Judge and Ex Office Settlement and Rehabilitation Commissioner Tharparkar. The circumstances which gave rise to this Constitutional petition may briefly be described as follows :- An evacuee house, bearing Survey No. C/56 at Digri, District Tharparkar wherein was housed the Digri Post Office, was auctioned on the 22nd of May 1960 in terms of paragraph 6 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958. One Noor Mohammad who had bid Rs. 8,500 for this house was declared the successful bidder and his bid was formally accepted on the 15th July 1960, by the Assistant Settlement Commissioner, Mirpurkhas. Thereafter a P. T. O. Was issued in his favour on the l 8th July 1960. He then gave notice to the Post Office authorities about the transfer in his favour and demanded the rent in respect of the…

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