Syed AZIZ-UR-RAHMAN vs Mst. HABIB BANG AND 5 Other — 1972 PLD 52

Citation: 1972 PLD 52

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Syed AZIZ-UR-RAHMAN vs Mst. HABIB BANG AND 5 Other

Headnotes

Case cited as PLD 1972 Supreme Court 52

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: Syed AZIZ-UR-RAHMAN vs Mst. HABIB BANG AND 5 Other Case No.:Civil Appeal No. 202 of 1969 C. P. S. L. A. No. 73 of 1965 Letters Patent Appeal JUDGMENT Reported As: PLD 1972 Supreme Court 52 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J: This appeal, by special leave, is directed against the judgment of a Division Bench of the former High Court of West Pakistan, Lahore Seat, dismissing a Letters Patent Appeal against the judgment of a learned Single Judge of the said High Court in a petition under Article 98 of the Con--stitution of 1962. The latter petition was filed by the first respondent herein to challenge the validity of the orders of the Settlement Authorities transferring evacuee House No. 841/69 situated in Bazaz Mohallah, Lahore Cantonment, to the appellant herein. The appellant, who is a non-claimant displaced person, occupied a portion of the said evacuee house as an allottee. The rest of the house was in the occupation of the respondent No. 1 and her husband but neither the husband nor the said respondent were allottees in respect thereof. However, when settlement operations started, the appellant filed a "NCH" form for the portion in his occupation and the respondent No. 1 filed a "CH" form as a claimant for the entire premises on the basis of her undisputed possession. In her declaration of eligibility, she only claimed that she was in…

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