GHULAM ABBAS AND ANOTHER vs THE STATE AND ANOTHERs — 1979 PCRLJ 987

Citation: 1979 PCRLJ 987

Court: Sindh High Court

Year: 1959

Decision Date: 1959-04-13

Parties: GHULAM ABBAS AND ANOTHER vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1979 PCRLJ 987

Judgment Text

Court Name: Sindh High Court Judge(s): G.M Shah Title: GHULAM ABBAS AND ANOTHER vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 149 of 1978 Date of Judgment:1959-04-13 Reported As: 1979 P Cr. L J 987 Result: Proceedings quashed JUDGMENT JUDGMENT This is an application under section 561-A of Cr. P. C. For quash--ment of the proceedings in a case filed on a direct complaint, as well as, police report received from the S. H. O., Jamshed Quarters for which the process was issued under section 341, P. P. C. 2. The facts of the case, briefly are that the applicants are brothers inter se. So are the respondents 2, 3 and 4. The double-storeyed Bungalow No. JM 504, situated in Shikarpur Colony, Karachi was an evacuee property. It was transferred by the Settlement Department in favour of Shaikh Ghulam Ahmad father of respondents Nos. 2, 3 and 4. He occupied only the ground floor. The first floor was in occupa--tion of Dr. Muhammad Ali Mistari, under an allotment order. After the death of Dr. Muhammad Ali Mistari, his brother Hussain Bhai Mistari, applied to the Settlement Department and the first floor of the Bungalow, along with the garrage and the construction thereon, was transferred in his name. Shaikh Ghulam Ahmad went to appeal against that order; but did not succeed. Consequently, he filed a Writ Petition in the High Court, which was also dismissed. Yet another Writ Petition No. 199/69, was filed, by the heirs of Shaikh Ghulam Ahmad Siddiqui, after his death,…

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