DR. ANSAR HASSAN RIZVI vs Syed MAZAHIR HUSSAIN ZAIDI AND 3 Other — 1971 SCMR 634

Citation: 1971 SCMR 634

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: DR. ANSAR HASSAN RIZVI vs Syed MAZAHIR HUSSAIN ZAIDI AND 3 Other

Headnotes

Case cited as 1971 SCMR 634

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: DR. ANSAR HASSAN RIZVI vs Syed MAZAHIR HUSSAIN ZAIDI AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. K-83 of 1971 L. P. A. No. 140 of JUDGMENT Reported As: 1971 SCMR 634 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-Petitioner, Dr. Ansar Hassan Rizvi, has challenged the legality of the order of a Division Bench of the High Court of Sind and Baluchistan passed in a Letters Patent Appeal, declaring the order of the Chief Settlement and Rehabili--tation Commissioner, dated the 25th August 1961, and the order of the Settlement and Rehabilitation Commissioner, dated the 4th April 1960, as without lawful authority. Both these orders are in favour of the petitioner, and they held that the disputed house had been rightly transferred to him on the basis of his possession. According to the petitioner, he and respondent No. 1 Syed Mazahir Hussain Zaidi, came to possess two adjacent houses bearing -Rehabilitation Nos. 57 and 55 in the year 1948. The petitioner claims that he was in continuous possession of House No. 57 till the 28th of February 1959, when he was forcibly ejected by the Rehabilitation authorities. It has been stated that the disputed house, namely; No. 57, is an independent-self-- contained unit. In a memorandum of the Deputy Rehabilitation Commissioner, dated the 9th of July 1956, it has been stated that the portions with the petitioner and respondent No. 1 have sufficient…

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