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Petitioner: ABDUL WAHID KHAN VS Respondent: THE SETTLEMENT & REHABILITATION COMMISSIONER ETC.S
Court Name: Supreme Court of Pakistan Judge(s): Fakhruddin G. Ibrahim, Karam Elahi Chauhan Title:ABDUL WAHID KHAN vs THE SETTLEMENT & REHABILITATION COMMISSIONER
ETC.S Case No.: Civil Petition for Special Leave to Appeal No. 801 of 1975 Date of Judgment:1982-10-27 Reported As: 1982 SCMR 348 Result: Petition dismissed Judgment ORDER KARAM ELAHEE CHAUHAN, J.-It is not necessary to go into the lengthy details through which the litigation about the property in dispute passed and it will be sufficient for our purpose to mention that the petitioner has been transferred a house bearing No. P. 21-W-10 together with an area to the extent of three times the plinth area. The petitioner, however, claimed and desired that the rest of the area should also be transferred to him. Having failed in that respect at the departmental level, the petitioner filed a constitutional petition1being W. P. 192-R of 1974 but without any success as the same was dismissed by the High Court on 18-3-1975. 2. The petition has come up in a petition for special leave to appeal against the same to this Court. 3. Learned counsel could not cite before us any law whereunder he was, eligible to have any area in excess of three times the plinth area which has) already been transferred to him. The justification and legality of such a claim was examined by us in Sahehzada Syed Muhammad Matin Mirza v. " Jahangir R. Rustomji and another PLD 1980 SC 64 wherein it was held with reference to the relevant notifications, Press notes, circular and other text that such a concession was not available. 4. The result is that this petition has no merit and is dismissed.
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