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MAJ. FAZLE ALEEM KHAN vs DR. MRS. A. K. AWAN AND ANOTHER — 1971 SCMR 408

Citation: 1971 SCMR 408

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-01

Parties: MAJ. FAZLE ALEEM KHAN vs DR. MRS. A. K. AWAN AND ANOTHER

Headnotes

Case cited as 1971 SCMR 408

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MAJ. FAZLE ALEEM KHAN vs DR. MRS. A. K. AWAN AND ANOTHER Case No.: Civil Appeal No. 121 of 1969 Letters Patent Appeal No. 467 of 1965 Date of Judgment:1971-04-01 Reported As: 1971 SCMR 408 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMAD, J.-This appeal arises out of a dispute in respect of bungalow No. 22, Lawrence Road, Lahore. The only point upon which the petition for special leave to appeal has been granted, and had at one time been refused by this Court, is that although respondent No. 1, Dr. (Mrs.) A. K. Awan had not applied for the transfer of her portion in her own name, she had been treated as having applied for the same through inadvertence. It appears that four persons, namely, appellant Major Fazle --Aleem Khan, and Mohamma3 Ali (since deceased), father of respondent No. 1, Murrawat Khanum, wife of the appellant, and Dr. A. H. Awaa, husband of respondent, applied for transfer of the bungalow in question ; the appellant end his wire and respondent's father on C. H. Forms, and husband of respondent No. 1 on a N. C. H. Form. The appellant and respondent No. 1 applied on the basis of the possession of a part of the bungalow and respondent's father and appellant's wife applied on the basis of the possession of his daughter and her husband, respectively. Respondent No.1 subsequently stated that she had been in possession of the ground floor…

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