A FZ AL MIR Z A vs AHMAD SAEED KHAN and others
This matter concerns three petitions for leave to appeal before the Supreme Court of Pakistan regarding the transfer of property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The core legal question presented is whether the respondent, Ahmad Saeed Khan, is entitled to the benefit of ejectment orders previously passed against occupants of the disputed property, thereby enabling him to claim the transfer of said property. Specifically, the Court seeks to examine this issue in light of the extended definition of 'possession' as contemplated under the relevant Act and the various notifications issued thereunder. The Supreme Court granted leave to appeal to resolve this controversy. Pending the final adjudication of the appeals, the Court ordered the maintenance of the status quo and directed that the appeals be prepared on the existing record, with liberty for the parties to file additional documents. A departmental representative was ordered to produce the relevant case records at the subsequent hearing.
- Can a party claim the benefit of ejectment orders passed against occupants of a property to secure its transfer under the Displaced Persons (Compensation and Rehabilitation) Act, 1958?
- How does the extended definition of 'possession' under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, affect the eligibility for property transfer?
- Displaced Persons (Compensation and Rehabilitation) Act, 1958
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel for all the parties in these three petitions, we consider this matter fit for grant of leave to appeal, inter alia, to examine the question whether Ahmed Saeed Khan, respondent, could be given the advantage of the ejectment orders passed against the occupants of the property in dispute so as to claim transfer thereof under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, with particular reference to the extended definition of "possession" and notifications issued from time to time in this behalf. Order accordingly.
2. ' One security of Rs,2,500 to be deposited by the petitioner in two petitions (Civil Petitions 444/81 and 445/81) i,e, the Legal Representatives of Ejaz Ahmed Siddiqui and the other security in the same amount to be deposited by Afzal Mirza in Civil Petition No,396/81. Both the securities to be furnished within ten days.
3. ' Order of maintenance of status quo shall be continued. Appeals to be prepared on the same record, with liberty to the parties to file additional documents. They shall come up on 8-5-1983. A departmental representative shall attend the hearing with the record of the case. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.