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BARKAT-UN-NISA versus CHIEF SETTLEMENT COMMISSIONER


Section 21 (3) Shop Transfer Exchange Association's contract entry and the department accepts and complies with such agreement Shortly afterwards the Additional Settlement Commissioner accepts the association's second contract on transfer. But the Association does not cancel the previous PTD agreement, only adjusting the cost of the transfer of the book of compensation under the second contract, with the other agreement of the association in the permanent exchange process, at the cost of the first agreement of the association. Not to mention adjustments, holding, clear case of inaccuracies and errors by the department and such deficiencies Or, may be provided under Article 21 (3) and right [Review]

1981 C L C 1467

[Karachi].

Before Zafar Hussain Mirza and Tanzil‑ur‑Rehman, JJ

Mst. BARKAT‑TUN‑NISA AND 6 OTHERS‑‑Appellants

versus

CHIEF SETTLEMENT COMMISSIONER AND 3 OTHERS‑‑Respondents

Letters Patent Appeal No. 191 of 1971, decided on 5th May, 1980.

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑

‑‑‑‑‑‑ S. 21 (3)‑‑Review‑‑‑Transferee of shop filing an agreement of association and Department accepting and acting upon such agreement‑Some time later Additional Settlement Commissioner accepting second agreement of Association at risk and responsi bility of transferee but not cancelling previous Agreement of Association‑‑P. T. D. of shop mentioning only adjustment of transfer price from Compensation Book under second agreement‑ Non‑mention of adjustment of price on basis of first agreement of association alongwith second agreement of association in Permanent Transfer Deed, held, clear case of omission and mistake on part of Department and such omission and mistake, could be supplied and. corrected under S. 21 (3).‑[Review].

Haji Ghulam Hussain v. Hamid Hassan Khan P L D 1969 Lab. 147 ; Urfanullah Khan and another v. Chief Settiement Commissioner and another P L D 1967 S C 428 ; Shah Ferose v. Saeed A lam and others P L D 1954 Pesh. 65 and Haji Ashtiag Ahmad v. Bakhshaya 1976 S C M R 420 distinguished.

Muhammad Idris Qureshi for Appellant.

Nemo for Respondent No. 1.

Mirza Aftab Alarn Qizilbash for Respondents Nos. 2 to 4.

Date of hearing: 27th April, 1980.

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