Mrs. KEAYS BYRNE vs SETTLEMENT COMMISSIONER, RAWALPINDI AND 3 Other — 1973 SCMR 46

Citation: 1973 SCMR 46

Court: Supreme Court of Pakistan

Year: 1963

Decision Date: 1963-03-19

Parties: Mrs. KEAYS BYRNE vs SETTLEMENT COMMISSIONER, RAWALPINDI AND 3 Other

Headnotes

Case cited as 1973 SCMR 46

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman Title: Mrs. KEAYS BYRNE vs SETTLEMENT COMMISSIONER, RAWALPINDI AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 77 of 1963 Letters Patent Appeal No. 276 of 1961 Date of Judgment:1963-03-19 Reported As: 1973 SCMR 46 Result: Leave refused Judgment ORDER HAMOODUR RAHMAN, J.-The petitioner used to carry on hotel business at Gulmerg, Srinagar and Rawalpindi. She ac--quired for this purpose three bungalows on Gwyn Thomas Road, Rawalpindi, on lease from one Mohan Singh in 1929. It appears that at Gulmerg and Srinagar also her business was carried on in premises acquired on lease. On the 15th March 1950, the premises in Rawalpindi were allotted to a refugee from India and the petitioner was asked to vacate the same, as they had become evacuee property upon the migration of Mohan Singh. The petitioner, however, got the above order vacated by the Rehabilitation Commissioner, Rawal--pindi, on the 14th of May 1951. In the meantime, the premises in Gulmerg and Srinagar wherein her hotel business was carried on were requisitioned by the Indian Military authorities, as a result of which she was forced to discontinue her business in Kashmir. In these circumstances, she describing herself as a non- claimant displaced person from Jammu & Kashmir applied on the 8th of August 1959 for the transfer of the hotel premises situated at Rawalpindi on a KNCS form. Unfortunately this form could…

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