Mst. FAZLUN NISA BEGUM vs THE CHIEF SETFLEMENT COMMISSIONER, KARACHI — 1972 SCMR 126

Citation: 1972 SCMR 126

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. FAZLUN NISA BEGUM vs THE CHIEF SETFLEMENT COMMISSIONER, KARACHI JUDGMENT

Headnotes

Case cited as 1972 SCMR 126

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar, Muhammad Yaqub Ali Khan Title:Mst. FAZLUN NISA BEGUM vs THE CHIEF SETFLEMENT COMMISSIONER, KARACHI JUDGMENT Reported As: 1972 SCMR 126 Result: Leave refused Judgment JUDGMENT FAZLE-AKBAR, J.-This petition for special leave to appeal is from an order of a Division Bench of the High Court of West Pakistan at Karachi summarily dismissing Letters Patent Appeal No. 228 of 1965. The dispute is with respect to a building situate on plot No. P. R. 2/3 at Saddar, Karachi which is an evacuee property. It consists of four tenements, two on the ground floor and two on the upper floor. There are also 12 servants quarters attached to this building. The petitioner Mst. Fazlun Nisa Begum, a claimant displaced person, who claimed to be in possession of a room in the servants quarters, filed a C. H. Form on 16th November 1959, for transfer of the house. A portion of the main building and the servants quarters were transferred to her on 9th January 1960, and a provisional transfer order was issued in her favour on 23rd February 1960. As later the Deputy Settlement Commissioner found that she was not in physical occupation of any part of the said building, he cancelled the previous order of transfer of the property in her favour. She then filed an appeal against the order of the Deputy Settlement Commissioner. In view of the definition of house, as given in section 2(4) of the Displaced Persons (Compensation…

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