Sheikh RASHID AHMAD vs SETTLEMENT COMMISSIONER, LAHORE AND Other — 1968 SCMR 475

Citation: 1968 SCMR 475

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Sheikh RASHID AHMAD vs SETTLEMENT COMMISSIONER, LAHORE AND Other

Headnotes

Case cited as 1968 SCMR 475

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: Sheikh RASHID AHMAD vs SETTLEMENT COMMISSIONER, LAHORE AND Other Case No.:Civil Petition for Special Leave to Appeal No. 141 of 1969 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 278 Result: Leave refused Judgment JUDGMENT WAHIDUDDIN AHMAD, J.-The dispute in this petition for special leave to appeal is in respect of .Property bearing No. S-57-R-3 (28), which is part of a big estate known as Dr. Mehraj Kishan Estate' 3-Temple Road, Lahore. It is a double storey building. The ground floor is occupied by the petitioner. The first floor is in possession of respondent Dr. Inayatullah Shah. Both the petitioner and respondent No. 3 filed C. H. Form for the transfer of the property in dispute. On the 26th November 1959, Dr. Inayatullah Shah moved the Deputy Settlement Commissioner for the withdrawal of his C. H. Form which was allowed and cancelled. On the 19th February 1960, the Assistant Settlement Commissioner with the powers of the Deputy Settlement Commissioner transferred the entire property to petitioner Sh. Rashid Ahmed as a claimant and regular allottee in possession. On the 27th April 1960, Dr. Inayatullah Shah moved an application under section 20 (2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, before the Chief Settlement Commissioner of Pakistan and challenged the transfer of the property in dispute in favour of Sh. Rashid Ahmad. He prayed that the…

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