Mistri ABDUL MAJID vs THE CHIEF SETTLEMENT COMMISSIONER, LAHORE and 4
This petition for leave to appeal arises from a judgment of the Lahore High Court upholding the dismissal of a constitutional petition on the ground of laches. The petitioner, a claimant displaced person, sought the eviction of unauthorized occupants and applied for the transfer of the property in 1959 via a C.H. Form, showing his possession from 30-6-1959. The property was instead transferred to another occupant, and the petitioner's departmental appeal was dismissed in 1962. Although the petitioner claimed he filed a revision petition, he was informed in 1975 that no such revision was pending, yet he continued agitating before the department before eventually filing a constitutional petition. The core legal question concerned whether the constitutional petition was rightly dismissed on the ground of laches and whether any undisposed matter warranted interference. The Supreme Court held that given the petitioner's admitted lack of possession since 1959 and his knowledge since 1975 that no revision was pending, the petition lacked merit and was barred by laches. Leave to appeal was accordingly refused.
- Whether a constitutional petition can be dismissed on the ground of laches when the petitioner delays approaching the court after being informed that no revision petition is pending?
- Does a claimant displaced person acquire a right to transfer of property under Settlement Scheme No. 1 if they are not in possession of the property?
1. ' SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 24-4-1984 whereby the dismissal of the Constitutional petition filed on the ground of laches was upheld.
2. The petitioner was a claimant displaced person. In 1959 he sought the eviction of respondents Nasir etc. On the ground that they were unauthorised occupant of it. The Deputy Rehabilitation Commissioner declined his request on 6-10-1959. He applied for the transfer of this property under Settlement Scheme No,1 on a C.H. Form filed by him. In the form he showed his possession over the property as from 30-6-1959. The house was transferred to Nasir Ahmad, he being the sole occupant/applicant. The appeal of the petitioner failed on 2-10-1962 inter alia on the ground that he was not in possession of the property. He claimed that he filed a revision petition but was definitely informed in 1975 that no revision petition was pending. In spite of it he kept agitating with the Department and ultimately filed the Constitutional petition which was dismissed on the ground of lathes. His appeal also failed.
3. ' The learned counsel for the petitioner contended that the C.H. Form filed by the petitioner had not been disposed of, that he was entitled to the transfer of the property being a claimant and that the revision petition filed by him before the Settlement Commissioner remained undisposed of and he was seeking from the High Court a direction that that Form be disposed of.
4. ' The petitioner having himself disclosed that his possession over the house was as from 30-6-1959 and that he was informed in the year 1975, that no revision filed by him was pending adjudication, there remained no case either on merits or otherwise for further examination in this Court. Hence leave to appeal is refused.