ABDUL GHAFOOR vs SETTLEMENT AND REHABILITATION COMMISSIONER, — 1971 SCMR 602

Citation: 1971 SCMR 602

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL GHAFOOR vs SETTLEMENT AND REHABILITATION COMMISSIONER, JUDGMENT

Headnotes

Case cited as 1971 SCMR 602

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:ABDUL GHAFOOR vs SETTLEMENT AND REHABILITATION COMMISSIONER, JUDGMENT Reported As: 1971 SCMR 602 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-In this petition for special leave, the dispute pertains to Flat No. 1/1 in the building known as Dayaram Jessumal Building, Blenkins Street, Karachi. It was at first transferred mistakenly to the petitioner as well as the respondent. On appeal by the petitioner, the case was remanded by the Additional Settlement Commissioner for deciding the rival claims of the parties. A Deputy Settlement Commissioner thereupon divided the entire building vertically, and transferred the flat in dispute (No. 1/1) situated on the 1st floor, along with Flat No. G/3 on the ground floor to the respondent, Nabijan Khan. The petitioner challenged this order right up to the Supreme Court but did not succeed. Notwithstanding his failure right up to the highest level, he sought to revive the dispute by another round of litigation before the Settlement authorities, claiming the flat in dispute for himself, on the ground that the respondent, Nabijan Khan had never applied for the transfer of this flat (No. 1/1). The Settlement authorities rejected his effort, where--upon he brought a writ petition in the High Court, which was dismissed, followed by a Letters Patent appeal, which has also been dismissed; hence this petition for special leave to appeal. The High…

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