FAKHRO versus SETTLEMENT COMMISSIONER (LAND) HYDERABAD

Section 19 (2) read with the General Clauses Act (X of 1897), the expulsion of section 6 of section 18, granting the right to appeal to the Displaced Persons (Land Settlement) Act (XLVII of 1958), did not affect the pending appeals. does. The legitimate legal right to abolish the relevant provisions of the law cannot be exhausted, the appeal cannot be appealed to the Settlement Commissioner nor can it be dealt with as amendment [Interpretation of the Constitution (Civil) Review (Civil)]

P L D 1979 Karachi 486

Before Mushtak All Kazi, J

FAKHRO AND ANOTHER‑Petitioners

versus

SETTLEMENT COMMISSIONER (LAND). HYDERABAD

AND 5 OTHERS‑Respondents

Constitutional Petitions Nos. 103, 28 and 107 of 1974, decided on 23rd October 1978.

Displaced Persons (Land Settlement) (Amendment) Act (LV of 1973)‑

S. 19(2) read with General Clauses Act (X of 1897), S. 6‑Omission of S. 18, Displaced Persons (Land Settlement) Act (XLVII of 1958) giving right of appeal‑Held, does not affect pending appeals‑Right of appeal being vested statutory right cannot lapse on repeal of relevant provision of law‑Appeals pending before Settlement Commissioner could not be made over to Additional Settlement Commissioner nor could same be disposed of by them as revisions.‑[Interpretation of statutes‑Appeal (civil)‑Revision (civil) ].

S. M. Raza for Petitioners.

Mazharul Haq Hassanally for Respondents.

Gulab M. Rang for Ramchand M. Rangwanl for Respondent No. 4 (in C. P. No. 107 of 1974).

Date of hearing : 23rd October 1974.

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