ABDUL AZIZ versus REHMAT ALI KHAN

Read the Article 199 with the Displaced Persons (Compensation and Rehabilitation) Act: (XXVIII of 1958), the notice served by the respondents prior to the issuance of the notice to resume the transfer of the schedule property property in proportion. An example of a notion of service after the default exchange is the assumption. The property itself and the notice itself are invalid even if the applicant's service personnel were not given the option of transferring and canceling the property in dispute not available for settlement under Settlement Scheme VIII, false, false. Based on the order, cancellation of the order, the applicant is permitted to write on the assumption of legitimate service of notice, in the circumstances

1981 C L C 1710

[Lahore]

Before Munzoor Hussain Sial, J

ABDUL AZIZ‑‑Petitioner

versus

Rana REHMAT ALI KHAN AND OTHERS‑Respondents

Writ Petition No. 400‑R of 1974, decided on 18th February, 1980.

Constitution of Pakistan (1973)‑---

‑‑Art. 199 read with Displaced Persons (Compensation and Rehabilitation) Act: (XXVIII of 1958), para. 24 of Schedule‑Writ --Transfer price of property in dispute reduced by respondent before issuance of notice for resumption ‑Service of notice upon defaulting transferee a condition precedent for assumption of property and notice itself invalid even if served upon petitioner did not authorize respondent to cancel transfer and property in dispute not available for disposal under Settlement Scheme No. VIII‑Cancellation of order, held, based on erroneous, assumption of valid service of notice upon petitioner‑‑Writ allowed, in circumstances.

Munir A. Sheikh for Petitioner.

Nemo for Respondents Nos. 1 to 3 and 5.

Iqbal Ahmad Malik for Respondents No. 4.

Date of hearing : 18th February, 1980.

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