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QAMAR MOINI versus SETTLEMENT COMMISSIONER, HYDERABAD


Schedule I and Settlement Scheme I, whether to create a discrepancy between several separate and independent units, are entirely within the jurisdiction of the Settlement Officers and are not liable to be questioned before the High Courts unless the decision or Offensive or illogical or unrealistic housing should not be transferred to the applicants and respondents who are separately independent. Under the Settlement Law, the appellant, separate entrances and separate life-support units, cannot be entitled to another part, nor can they pressurize their claim for two separate residences [jurisdiction].

1981 C L C 1231

[Karachi]

Before Zaffar Hussain Mirza and Sajjad Ali Shah, JJ

Syed QAMAR MOINI‑Appellant

Versus

SETTLEMENT COMMISSIONER, HYDERABAD AND 3 others --Respondents

Letters Patent Appeal No. 170 of 1971, decided on 9th April, 1930.

(a) Displaced Persons (Compensation Find Rehabilitation) Act (XXVIII of 1958)‑--

‑‑ Sched. I and Settlement Scheme No. I‑‑Whether building divisible into several separate and independent units‑Matter entirely within jurisdiction of Settlement Authorities and not liable to be questioned before superior Courts unless decision either perverse or arbitrary or fanciful‑‑Accommodation transferred to appellant and respondent constituting two separate independent units with separate entrances and separate amenities of life‑Appellant under Settlement Law, held, cannot be entitled to other portion nor press his claim for two separate houses.‑[Jurisdiction].

Dr. Munawar Ali Khan v. Chief Settlement Commissioner 1976 S C M R 54 rel.

(b) Settlement Scheme No. I‑--

----Transfer of property‑Application form in respect of a particular property, held, must be considered together for purpose of determining entitlement for transfer among various applicants.

Fateh Muhammad v. Maula Bakhsh P L D 1963 S C 311 and Muhammad Saqlain v. Muhammad Amir P L D 1968 Lah. 157 rel.

(c) Settlement Scheme No. I‑--

---Transfer of property‑Chief Settlement Commissioner declaring property to be not a big mansion and directing matter of transfer to be disposed of according to law under Settlement Scheme No. 1‑Order of Chief Settlement Commissioner being an administrative order, held, did not affect any rights of appellant as to his plea of order being without notice to him qua his application for transfer‑Even' otherwise Deputy Settlement Commissioner could consider claim of respondent even after initial ex parte order of transfer in favour of appellant.

Abdul Hamid v. Sardar Bcgum 1977 S C M R 227 rel.

S. M. Hassan for Appellant.

Mushtaq Ahmad Memon for Respondent No. 4.

Dates of hearing : 5th and 9th March, 1980.

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