Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No.755 of 1980, decided on 12th August, 1984.
(On appeal from the order of the Lahore High Court, dated 9-3-1980 in Writ Petition No.508/R of 1973.)
- ---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Leave to appeal--Nothing established to show that findings of fact regarding occupation of property rendered against petitioner were against any principle or law--No justification having been made out for interference, leave to appeal dismissed.
S. Inayat Hussain, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 12th August, 1984.
This petition for leave to appeal is directed against judgment, dated 9-3-1980 of the Lahore High Court; whereby a writ petition arising out of disposal of a rural property, consisting of a shop and a Chobara over it, was dismissed, on affirmation of findings of fact that while the respondent's occupation on a part of the composite property stood established, the petitioner's occupation was not proved; nor it was established that she had made any application for the transfer of the property in dispute. A third factor was also noticed namely that when the spot was inspected by the officer concerned the petitioner did not come forward with a claim for the transfer of the disputed property.
Learned counsel has tried to contest the finding of fact particularly with regard to the submission of the application for transfer of the property and has made a reference to some document filed by the petitioner in 1965. But for some years thereafter it appears she did not pursue the matter and for all practically purposes it became e case of non-prosecution on her behalf. Be that as it may nothing has been established to show that the findings of fact regarding occupation of the property rendered against the petitioner were against any principle of law. That being so no justification has been made out for interference. This petition accordingly is dismissed.
M . Z . M . Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer