MERAJ DIN vs NOOR MUHAMMAD AND 3 Other — 1970 SCMR 542

Citation: 1970 SCMR 542

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MERAJ DIN vs NOOR MUHAMMAD AND 3 Other

Headnotes

Case cited as 1970 SCMR 542

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MERAJ DIN vs NOOR MUHAMMAD AND 3 Other Case No.:Civil Petition For Special Leave to Appeal No. 64 of 1970 Letters Patent JUDGMENT Reported As: 1970 SCMR 542 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The dispute in this petition for special leave to appeal relates to shop No. D-IV- S. 3-17, Sheikhupura. The respondent Nur Muhammad who was a local, applied for its transfer under Settlement Scheme No. VI on the claim that it was a burnt site of which he was in posses--sion. Earlier, the auction of this property was held twice, once on the 24th of February 1960, in which one, Muhammad Ishaq made a bid for Rs. 19,000 but which fizzled out be--cause he failed to deposit the auction-money, except for the paltry amount of Rs. 250 as the initial payment. Again, it was put to auction on the 19th of December 1969. In which the petitioner made the highest bid and deposited Rs. 8,000 towards initial payment. The auction bid, however, was not confirmed in his favour as, in the meanwhile, the respondent Nur Muhammad had brought a writ petition in the High Court for the enforcement of his entitlement to the transfer of this shop and the confirmation of the auction in favour of the petitioner was withheld in pursuance thereof during the pendency of the writ petition. The respondent's writ petition Was accepted by the High Court on the 15th of December 1965, and it was directed…

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