MFSSRS FAZALUR REHMAN MUHAMMAD IQBAL vs CHIEF SETTLEMENT — 1970 SCMR 556

Citation: 1970 SCMR 556

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MFSSRS FAZALUR REHMAN MUHAMMAD IQBAL vs CHIEF SETTLEMENT JUDGMENT

Headnotes

Case cited as 1970 SCMR 556

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:MFSSRS FAZALUR REHMAN MUHAMMAD IQBAL vs CHIEF SETTLEMENT JUDGMENT Reported As: 1970 SCMR 556 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this petition for special leave to appeal is with regard to a double-storeyed evacuee building situated in Committee Bazar, Mandi Bahauddin, District Gujrat and bearing No. 7/2. It is a composite building consisting of two shops, four godowns and four residential flats. It was in occupation of various persons but only two, namely; the present petitioner and the respondent No. 5 applied for its transfer. The petitioner being a non-claimant submitted a N. C. S. Form but the respondent No. 5 being a claimant submitted a C. S. Form. On the 25th November 1959 the Deputy Settlement Commissioner gave the entire house to the respondent No. 5. Against this order the petitioner did not appeal, but on the 30th December 1959, submitted an application for being heard. This was rejected on the 9th January 1960 on the ground that the petitioner being a local was not entitled to get the property. The petitioner then filed an appeal against the order of transfer of the property to respondent No. 5, which was passed on 25-11-1959 but this appeal was rejected by the Additional Settle--ment Commissioner on the 19th April 1960. It appears that the petitioner did not appear before the Additional Settlement Commissioner at the hearing…

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