CHATURBAI vs MUHAMMAD AYUB AND 2 Other — 1971 SCMR 156

Citation: 1971 SCMR 156

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-05-24

Parties: CHATURBAI vs MUHAMMAD AYUB AND 2 Other

Headnotes

Case cited as 1971 SCMR 156

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar, Muhammad Yaqub Ali Khan Title: CHATURBAI vs MUHAMMAD AYUB AND 2 Other Case No.: Civil Appeal No. K-42 of 1964 Writ Petition No. 470 of 1961 Date of Judgment:1967-05-24 Reported As: 1971 SCMR 156 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The dispute in this appeal relates to ownership of bungalow No. 14-A, Amil Colony, Hyderabad. The contestants are Mst. Chaturbai, appellant, who claims to have acquired the site of the bungalow from the Cosmopolitan Co-operative Housing Society, Hyderabad, and put up construction thereon at her own expense before Partition and Muhammad Ayub, respondent, to whom the bungalow has been transferred by the Settlement authorities as evacuee property under the Displaced Persons (Compensation and Rehabili--tation) Act, 1958. The facts appearing on the record are that a society originally known as "The Pioneer Amil Co- operative Housing Society Limited" and subsequently converted into "Cosmopolitan Co-operative Housing Society, Hyderabad" hereinafter referred to as "Society" was formed some time before Partition with a view to providing houses fur its members. In due course a large tract of land was acquired by the Society from the Municipal Committee, Hyderabad, on lease and divided into plots which were later on allotted to its members all of whom happened to be non-Muslims. Written agreements in favour of the Society for construction of…

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