ABDUR RAHIM vs ABDUR RASHEED AND 3 Other — 1971 SCMR 641

Citation: 1971 SCMR 641

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-04

Parties: ABDUR RAHIM vs ABDUR RASHEED AND 3 Other

Headnotes

Case cited as 1971 SCMR 641

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: ABDUR RAHIM vs ABDUR RASHEED AND 3 Other Case No.: Civil Petition for Special Leave to Appeal No. 97 of 1971 L. P. A. No. 58 of 1971 Date of Judgment:1971-10-04 Reported As: 1971 SCMR 641 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee property being No. P-151 in Street No. 15, Doughlaspura, Lyallpur. On the 29th December 1959, the Deputy Settlement Commis--sioner, Lyallpur, divided the property into four sub-units, viz., three shops and one house. The three shops were transferred to their respective occupants, Ali Muhammad,, Ismail and Abdus Sattar, but so far as the house was concerned although the petitioner was found entitled to its transfer yet the house was placed on the-ear-marking list as the petitioner had, it was said, declined to take it. The order of the Deputy Settlement Commissioner records as follows :- "Abdur Rahim is entitled to the transfer of the house which he does not want to take. Nobody else is willing to take the house. The house be kept for earmarking." Nobody challenged this order either by appeal or revision or review. But in 1960 the respondent No. 1 who was also in occupation of a part of the house applied for the transfer thereof to him. The Deputy Settlement Commissioner on the 2nd February 1960 granted his request on the ground that on the last occasion when the house was put in the…

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