SHER MUHAMMAD vs NIZAM DIN AND Another — 1974 SCMR 368

Citation: 1974 SCMR 368

Court: Supreme Court of Pakistan

Year: 1965

Decision Date: 1965-06-01

Parties: SHER MUHAMMAD vs NIZAM DIN AND Another

Headnotes

Case cited as 1974 SCMR 368

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman, B. Z. Kaikaus Title: SHER MUHAMMAD vs NIZAM DIN AND Another Case No.: Civil Appeal No. 141 of 1963 Writ Petition No. 1589-R of 1962 Date of Judgment:1965-06-01 Reported As: 1974 SCMR 368 Result: Appeal allowed JUDGMENT JUDGMENT FAZLE-AKBAR, J.-This appeal by special leave is from an order of a learned Single Judge of the High Court of West Pakistan summarily dismissing a Writ Petition. The facts briefly are as follows : - The dispute between the parties is with regard to house No. 52/13. 11 in the town of Montgomery which was occupied by different persons under various allotment orders. Respondent No. 1, Nizam Din occupied the residential unit on the first floor and the 3 shops on the ground floor were in occupation of Sher Muhammad, Muhammad Abdullah and Ghulam Muhammad, respectively. The occupants of the different parts filed C. S. And C. H. Forms for transfer of the p3rtions that were in their possession. As Nizam Din made a statement that he was claiming only the residential portion, the Deputy Settlement Commissioner transferred the said portion to him and the remaining shops to the respective claimants. Nizam Din then filed an appeal before the Additional Settlement commissioner claiming the shops that were in possession of Ghulam Muhammad and Sher Muhammad as part of the residential unit. On 2nd April 1960, the Additional Settlement Commissioner ordered that the room which was in…

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