Mst. KANEEZ FATIMA vs SETTLEMENT COMMISSIONER (WITH THE — 1970 SCMR 435

Citation: 1970 SCMR 435

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-27

Parties: Mst. KANEEZ FATIMA vs SETTLEMENT COMMISSIONER (WITH THE

Headnotes

Case cited as 1970 SCMR 435

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: Mst. KANEEZ FATIMA vs SETTLEMENT COMMISSIONER (WITH THE Case No.: Civil Petition for Special Leave to Appeal No. K-117 of 1969 Date of Judgment:1970-01-27 Reported As: 1970 SCMR 435 Result: appeal granted Judgment ORDER M. R. KHAN, J.-The dispute in this case relates to an evacuee property, namely, residential building bearing No. E-39-2848, Hyderabad. The petition for special leave to appeal raises the following two questions :- (i) What exact portion of the disputed property has been transferred to Mst. Zainab Khatoon, respondent No. 5 herein. (ii) Whether the petitioner Mst. Kaneez Fatima's claim for transfer of the portion of the disputed property in her possession was rightly refused. The building in dispute consists of two floors. Its ground floor was occupied by Mst. Zainab Khatoon and one Muhammad Siddiq and the first floor was occupied by the petitioner and two others. Muhammad Siddiq who had applied for the transfer of the portion of the ground floor in his possession was given that portion. The other two occupants of the first floor withdrew their claim in favour of Mst. Zainab Khatoon. On the claim form submitted by Mst. Zainab Khatoon for the transfer of the entire building, an Appendix was issued in her favour on the 10th November 1959, in which the property was described as "First floor, and ground floor in possession". On the 19th November 1959, a P.…

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