KARAM DIN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE — 1964 PLD 829

Citation: 1964 PLD 829

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: KARAM DIN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE JUDGMENT

Headnotes

Case cited as PLD 1964 SC 829

Judgment Text

Court Name: Lahore High Court Judge(s): Shafi-ur-Rehman, Muhammad Akram Title:KARAM DIN vs THE SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE JUDGMENT Reported As: PLD 1970 Lahore 766 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD AKRAM, J.---This is an appeal under Clause 10 of the Letters Patent of this Court against the judgment dated 4-2-1966, delivered by a learned Single Judge, dismissing the Writ Petition No. 951-R of 1962, filed by the appellant against the respondents. 2. The dispute relates to Property No. B-XX-1-S-28, Gujranwala. It is a three-storeyed building and is comprised of 4-5 shops on the ground floor, and the residential units. But the dispute before us is confined to the residential portion alone. It was, occupied by Mehr Din, Karam Din appellant, Abdul Majid and Muhammad Rafiq respondents. Mehr Din is a claimant non-allottee in possession of a portion of the premises and filed a CH Form. Karam Din appellant is a non-claimant and allottee in possession and filed an NCH form for the entire property. On 2-3-1961, Mr. Maqbool Sadiq, Assistant Settlement Commissioner with powers of the Deputy Settlement Commissioner, Gujranwala, after hearing the parties and on spot inspection, transferred the shops to the respective occupants. He, however, observed that there was no form for the transfer of the shop occupied by Abdul Majid, which was, therefore, included in the auction list. Similarly Muhammad Rafiq had filed no form and the portion in his…

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