S. MUHAMMAD HASHIM AND 9 Other vs DR. S. MUHAMMAD ASGHAR — 1970 PLD 326

Citation: 1970 PLD 326

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: S. MUHAMMAD HASHIM AND 9 Other vs DR. S. MUHAMMAD ASGHAR JUDGMENT

Headnotes

Case cited as PLD 1970 Supreme Court 326

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title:S. MUHAMMAD HASHIM AND 9 Other vs DR. S. MUHAMMAD ASGHAR JUDGMENT Reported As: PLD 1970 Supreme Court 326 Result: Appeal dismissed Judgment JUDGMENT WAHIDUDDIN AHMAD, J.-This is an appeal by special leave against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, in Civil Revision No. 450 of 1963 dated the 7th May 1968, whereby he set aside the order dated the 2nd April 1963, of the learned Administrative Civil , Judge, Rawalpindi, and held that the suit pending before him was not triable by the civil Court. It has arisen in the following circumstances :- The property in dispute is a house No. H/i28, Murree Road, Rawalpindi. This house was obtained by Dr. S. Muhammad Asghar, respondent No. 1, since dead, on the basis of a deed of exchange in lieu of his property abandoned in India. Dr. Muhammad Asghar approached the Custodian of Evacuee Property in revision against the order dated the 9th February 1956, of the Deputy Custodian (G), refusing confirmation of agreement of exchange dated the 26th February 1950, of the above-- mentioned evacuee house in lieu of his property abandoned in India with Dr. Chanan Lal, its evacuee owner. The learned Custodian, in view of the Notification No. S. R. O.-143 dated the 1st April 1959, published in the Gazette of Pakistan (Extra--ordinary) of the 1st of April 1959, issued by the Central Government under section 19 of…

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