M. M. A. RAUF vs SHAMS UD DIN AHMAD AND 6 Other — 1970 SCMR 349

Citation: 1970 SCMR 349

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-16

Parties: M. M. A. RAUF vs SHAMS UD DIN AHMAD AND 6 Other

Headnotes

Case cited as 1970 SCMR 349

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: M. M. A. RAUF vs SHAMS UD DIN AHMAD AND 6 Other Case No.:Civil Petition for Special Leave to Appeal No. 77 of 1969 L. P. A. No. 268 of 1968 Date of Judgment:1969-12-16 Reported As: 1970 SCMR 349 Result: Leave granted Judgment ORDER WAHIDUDDIN AHMAD, J.-The property in dispute is bungalow on plot No. 8-F, Gulberg. The said plot is situated on part of land contained in Khasra Nos. 834 and 840 in the Revenue Estate of village Ichhra, District Lahore. In 1955, the said property was purchased by deceased Shamsuddin Ahmad, predecessor-in-interest of respondents Nos. 1 to 4, from the Lahore Improvement Trust, for the sum of Rs. 36,500. The bungalow in question was requisitioned by the Provincial Government in September 1959 and allotted to the peti--tioner. The petitioner filed an N. C. H. Form for the transfer of the said bungalow and on the 19th May 1960, the Deputy Settlement Commissioner, transferred it to him. Deceased Shamsuddin Ahmad challenged this order before the Settlement Commissioner on the ground that he had already purchased it from the Lahore Improvement Trust, the property in dispute was non-evacuee property and the subsequent transfer was illegal. The matter was considered by the Settlement Authorities and ultimately Syed Ijaz Hussain Shah, the then Settlement Commissioner, in revision, held that the property in dispute has not been acquired by the Improvement Trust…

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