Farzand Ali vs Muhammad Yousuf — 1962 PLD 197

Citation: 1962 PLD 197

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as PLD 1962 Kar. 197

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: 1970 SCMR 685 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.--In this appeal, by special leave, the dispute pertains to a shop which before Partition, bore No. V/509, situate in Maya Katra, Namak Mandi, Rawalpindi. In the year 1948, it was allotted to Farzand Ali, a son of the appellant who is a claimant displaced person and remained in his occupation. It appears that in the year 1952, this shop was partitioned into two portions and each given a separate number, viz. 509/A and 509/B, respectively. While the former continued to be in possession of the appellant and his son, the latter, viz. No. 509/B, was occupied by Muhammad Yousuf, a local. During the Settlement operations, the appellant filed a C. S. Form for this shop which was transferred to him in its entirety, including a chobara above it, by the Deputy Settlement Commis-- sioner on the 24th of December 1959. Muhammad Yousuf aforesaid contested this transfer in so far as it related to his portion of the shop, in appeal before the Additional Settlement Commis--sioner and later in revision before the Settlement and Rehabilita--tion Commissioner, both of which were unsuccessful. However, a second revision filed by Muhammad Yousuf before Mr. Mir Ajam Khan who held the powers of the Chief Settlement Commissioner, was successful. The learned Chief Settlement Commissioner found…

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