GHULAM MOHY UD DIN vs GOVERNMENT OF PAKISTAN THROUGH JOINT — 1971 SCMR 747

Citation: 1971 SCMR 747

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: GHULAM MOHY UD DIN vs GOVERNMENT OF PAKISTAN THROUGH JOINT JUDGMENT

Headnotes

Case cited as 1971 SCMR 747

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:GHULAM MOHY UD DIN vs GOVERNMENT OF PAKISTAN THROUGH JOINT JUDGMENT Reported As: 1971 SCMR 747 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.---This appeal, by special leave is directed against the judgment and order of a Division Bench of the former High Court of West Pakistan, Lahore, by which the appellant's Writ Petition No. 163/R of 1965 under Article 98 of the 1962--Constitution was dismissed in limine on the 17th February 1968. The dispute in this case relates to shop No. V/572, Kanak Mandi. Rawalpindi. This shop was an evacuee property and was eventually included in the compensation pool. The appellant . Is a claimant displaced person from Amritsar. He claimed to be in possession of the disputed shop and applied for its transfer in his favour. His claim for transfer was considered by the settlement authorities at different levels, but it was ultimately rejected on the ground that he was not in possession of the shop from before the 20th December 1958. The shop was accordingly placed in the auction pool for its disposal by public auction. Thereafter, the appellant filed Writ Petition No. 1957/R of 1963 challenging the orders of the settlement authorities refusing his claim for transfer of the shop. A learned Single Judge of the High Court dismissed this petition on the 30th August 1963, on the ground that, accord--ing to the concurrent findings of…

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