ABDULLAH vs THE SETTLEMENT COMMISSIONER, NAWABSHAH AND 2 OTHER — 1982 CLC 2034

Citation: 1982 CLC 2034

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-27

Parties: ABDULLAH vs THE SETTLEMENT COMMISSIONER, NAWABSHAH AND 2 OTHER

Headnotes

Case cited as 1982 CLC 2034

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: ABDULLAH vs THE SETTLEMENT COMMISSIONER, NAWABSHAH AND 2 OTHER Case No.: Constitutional Petition No. 843 of 1965 Date of Judgment:1971-06-27 Reported As: 1982 CLC 2034 Result: petition is allowed JUDGMENT JUDGMENT The dispute in this Constitutional petition relates to a shop No. 429 on Market Road, Nawabshah. The material facts, according to the petitioner, are as follows: The petitioner has been in possession of the said shop since 1947 and paid rent to the Custodian, vide copies of receipts. Annexures A to A-7 of the petition. However, the petitioner had allowed the third respondent to occupy a portion of the said shop in 1959. Therefore, taking advantage of this situation, after the Displaced Persons (Compensation and Rehabilitation) Act (hereafter called the said Act) came into force, the respondent had filed a C. S. Form. On the ground of his possession, the petitioner also had filed a C.S. Form and, in the events that happened, both the petitioner and the third respondent had obtained PTOs for the said shop. The result was that litigation started between them before the Assistant Settlement Commis--sioner, Nawabshah. However, the litigation was settled on the intervention of the Elders of the-Teli community who gave an award in January, 1960 (Annexure C to the petition) according to which the third respondent was to renounce the petitioner's title to the said shop became the petitioner's tenant for the said…

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