KARAM BAKHSH vs MUHAMMAD ASHRAF AND Another — 1970 SCMR 51

Citation: 1970 SCMR 51

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KARAM BAKHSH vs MUHAMMAD ASHRAF AND Another

Headnotes

Case cited as 1970 SCMR 51

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: KARAM BAKHSH vs MUHAMMAD ASHRAF AND Another Case No.:Civil Petition for Special Leave to Appeal No. 230 of 1967 Petition No. 505/R JUDGMENT Reported As: 1970 SCMR 51 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The dispute in this case relates to a shop situated in Burewala. A portion of it was in possession of the respondent Muhammad Ashraf and the other portion was in the occupation of one Muhammad Tufail. Muhammad Ashraf applied for the transfer of the shop on a C S Form. The portion in his possession was transferred to him. He preferred an appeal to the Deputy Settlement Commissioner who allowed the appeal and transferred both portions as one unit to the said Muhammad Ashraf on the 24th of April 1960. At this stage the present petitioner, who was not in occupa--tion of either of the two portions, complained to the Additional Settlement Commissioner to the effect that two shops had been illegally transferred to Muhammad Ashraf. The Additional Settlement Commissioner referred the matter to the Settlement Commissioner, Multan, with a recommendation that the shop, which was in occupation of the local Muhammad Tufail, should be taken away from Muhammad Ashraf. Against this order the petitioner and the said Muhammad Ashraf both filed revision petitions. In these revision petitions the Settlement Commissioner transferred the shop in…

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