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K. S. NOOR MUHAMMAD KHAN vs THE SETTLEMENT AND REHABILITATION — 1970 SCMR 415

Citation: 1970 SCMR 415

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: K. S. NOOR MUHAMMAD KHAN vs THE SETTLEMENT AND REHABILITATION JUDGMENT

Headnotes

Case cited as 1970 SCMR 415

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:K. S. NOOR MUHAMMAD KHAN vs THE SETTLEMENT AND REHABILITATION JUDGMENT Reported As: 1970 SCMR 415 Result: Order accordingly Judgment JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is from the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, dismissing the appellant's Letters Patent Appeal No. 329 of 1966. The dispute giving rise to the Letters Patent Appeal related to the garages, servant quarters and the open compound comprised in the residential Bungalow No. 142/143, Garden West Karachi.The said bungalow has two storeys. It has five rooms on each floor. There are two servant quarters and one garage attached to the ground floor. Also there are three servant quarters on the first floor. The appellant, who has been in occupation of the first floor, constructed another garage at his own costs. Mr. Nasiruddin, the fifth respondent herein has been in occupation of the ground floor. The Deputy Settlement Commissioner, by his order, dated the 14th January 1960, transferred the ground floor to Mr. Nasiruddin and the first floor to the appellant. As regards the garages, servant quarters and the open compound, the Deputy Settlement Commissioner passed the following order:--- "There are two garages and 5 servant quarters in the bungalow. One garage and two servant quarters will be owned by Khan Saheb Noor Muhammad Khan and one…

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