NAWAZISH ALI SHAH vs MERAJ DIN AND Another — 1970 SCMR 196

Citation: 1970 SCMR 196

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: NAWAZISH ALI SHAH vs MERAJ DIN AND Another

Headnotes

Case cited as 1970 SCMR 196

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: NAWAZISH ALI SHAH vs MERAJ DIN AND Another Case No.:Letters Patent Appeal No. 706 of 1966 Petition for Special Leave to Appeal JUDGMENT Reported As: 1970 SCMR 196 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee property situated at Brandreth Road, Lahore. It consists of a shop on the ground floor and some residential accommodation above it. The shop is in the occupation of the respondent No. 1 herein as an allottee and the petitioner is in occupation of a portion of the residential portion above. Both the petitioner and the said respondent No. 1 applied for its transfer as claimants. The respondent No. 1 filed a C. S. Form and the petitioner filed a C. H. Form. Before the Deputy Settlement Commissioner both the claimants on the 18th November 1959, made statement which were reduced into writing signed by them and countersigned by the Deputy Settlement Commissioner. The petitioner by his statement withdrew his claim for the transfer of the property. Accordingly, on the 26th November 1959, the Deputy Settlement Commissioner, treating the building as an indivisible unit, transferred it to the respondent No. 1 by canceling his C. H. Form for the transfer of another building at Nisbet Road, Lahore. From this order the petitioner filed an appeal which was out of time, along with an application under section 5 of the Limitation…

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