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BADRUL HAQ versus AHMAD


Article 201 was read with the Settlement Rules, Settlement Scheme VI and the Homelessness (Compensation and Rehabilitation) Act (XXVII of 1958); after the cancellation of the P form, the disputed shed plot is not being dealt with. Rather, he is sleeping. Until the auction proceedings were confirmed, his rights and PTD neither reduced jurisdiction nor issued any use, a fraudulent indicated permanent transfer agreement was held, pending the circumstances of the case. Cannot be canceled after a year has passed.

P L D 1979 Karachi 482

Before Mushtak Ali Kazi, J

DR. BADRUL HAQ‑Petitioner

versus

AHMAD AND ANOTHER‑Respondents

Writ Petition No. 394 of 1972, decided on 22nd October 1978.

Constitution of Pakistan (1972)‑

Art. 201 read with Settlement Rules, Settlement Scheme No. VI and Displaced Persons (Compensation and Rebabilitation) Act (XXVIII of 1958), Sched.‑Plot in dispute disposed of by open auction after rejection of "P" form‑Applicant of. "P" form not pursuing remedy but sleeping over his rights until auction proceedings confirmed and P. T. D. issued‑Neither lack of jurisdiction nor exercuse of any, fraud pointed out‑Permanent Transfer Deed, held, could not be cancelled after lapse of nine years in circumstances of case.

Anwar Hussain v. Sarfraz Ahead P L. D 1971 S C 669 ; Aminuddin v. Settlement Commissioner 1973 S C M R 624 ; Murid Hustalrt Shah v. Muhammad Yousaf All 1974 S C M R 8 ; Glrdharilal v. Settlement Commis sioner 1974 S C M R 474 ; Chhottey Khan v. Settlement and Rehabilitation Commissioner, Karachi P L D 1974 Kar. 226 ; Ahead Din v. Deputy , ettk ment Commissioner P L D 1977 Lab. 761; Chanda Begunt v. Settlement Commissioner P L D 1977 S C 503 ; Saeedur Rahman v: Government of Punjab 1972 S C M R 201 ; Noor Muhammad v. Muhammad Naqvi 1975 S C M R 52; Sardar Khan v. District Magistrate, Karachi P L D 1970 Pesh. 1 ; Mumtazul Haq Abbasy v. Deputy Settlement Commissioner P L D 1974 Posh. 38; Nazir Hassan v. Settlement Commissioner, Lyallpur P L D 1974 Lab. 4:14 ; Raunaq All v. Chief Settlement Commissioner P L D 1973 S C 236 and Khuda Bakhsh v. Khushl Muhammad P L D 1976 S C 208 ref.

Ghulam Hussain Abbasi for Petitioner.

Ismail Munshi for Respondent.

Dates of hearing : 11th, 15th and 16th October 1978.

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