Sh. MUHAMMAD EHSAN vs SETTLEMENT COMMISSIONER, LAHORE AND 5 Other — 1970 SCMR 295

Citation: 1970 SCMR 295

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-22

Parties: Sh. MUHAMMAD EHSAN vs SETTLEMENT COMMISSIONER, LAHORE AND 5 Other

Headnotes

Case cited as 1970 SCMR 295

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Sh. MUHAMMAD EHSAN vs SETTLEMENT COMMISSIONER, LAHORE AND 5 Other Case No.:Civil Petition for Special Leave to App; al No. 331 of 1969 L. P. A. No. 190 of 1963 Date of Judgment:1969-12-22 Reported As: 1970 SCMR 295 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-Property No. S-77-R-7 known as No. 8 Jail Road, Lahore, was in possession of the petitioner, Messrs F. A. Siddiqui respondent No. 4, Mr. Bashirullah and Masihullah respondents Nos. 5 and 6. These persons applied for the transfer of the property in dispute on C. H. Forms. The Deputy Settlement Commissioner divided the property into two portions one portion was transferred to Messrs Siddiqui and the other portion has transferred to Bashirullah and Masihullah respondents Nos. 5 and 6. The learned Officer came to the conclusion that all the parties came into possession -on the 6th June 1949, and gave preference to Bashirullah and Masihullah who were in possession of major portion of the bungalow and did not transfer .Any portion of the property to the petitioner. The petitioner- challenged this order in- appeal before the Additional Settlement Commissioner which was dismissed in his absence in spite of service. The learned Officer further, rejected the claim on the ground that the petitioner was inferior to . The other parties as he was occupying a very small portion. The petitioner applied for the setting aside…

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