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Citation: 1972 PLD 60
Court: Sindh High Court
Year: 1971
Decision Date: 1971-12-31
Parties: RAHIMULLAH vs DISTRICT JUDGE AND SETTLEMENT COMMISSIONER, JUDGMENT
Case cited as PLD 1972 Karachi 60
Court Name: Sindh High Court Judge(s): Muhammad Haleem Title:RAHIMULLAH vs DISTRICT JUDGE AND SETTLEMENT COMMISSIONER, JUDGMENT Reported As: PLD 1972 Karachi 60 Result: Petition accepted Judgment JUDGMENT In this petition under Article 98 of the Constitution, the petitioner has impugned the order dated the 6th of January 1965, of the District Judge arid Settlement Commissioner, Hyderabad by which the order dated the' 7th of August 1964, of the Additional Settlement and Rehabilitation Commissioner restoring the Final Transfer Deed to the petitioner was set aside. 2. The dispute relates to House No. D/16449, situated in Sohwani Lane, in the City of Hyderabad. The disputed house was included in the list of houses meant for disposal by earmark--ing and vide ~ Provisional Transfer Deed dated the 22nd of December 1959, it was transferred to the petitioner followed by a Final Transfer Deed dated the 31st of October 1962. There--after, on 13th of July 1963, respondent No. 2 filed an application before the Deputy Settlement Commissioner, Hyderabad: in which he prayed that the Permanent Transfer Deed in favour of the petitioner be cancelled. This application was rejected on the 29th of July 1963 upon the ground that he had no jurisdiction to do so. On appeal to the Additional Settlement and Rehabilitation Commissioner; the Final Transfer Deed in favour of the petitioner was Cancelled upon the following ground : "I have heard the parties and perused the case record. It is evident…
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