Wali Muhammad vs Sharifuddin and Muhammad Ibrahim — 1972 SCMR 63

Citation: 1972 SCMR 63

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 63

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 63 Result: Appeal dismissed Judgment JUDGMENT HAMOUDUR RAHMAN, C. J.-This appeal, by special leave, arises out of a decision of the former High Court of West Pakistan, Lahore Seat, in a petition under Article 98 of the Constitution of 1962. The dispute in this case related to a composite property consisting of a residential portion and shops bearing No. 4/4, Mian Channu. The residential portion was in the occupation of one Wali Muhammad, a claimant. A shop (No. 4/4-A) was in the occupation of the respondents 1 and 2 who arc brothers and claimants displaced persons. The latter were also in posses--sion of another residential premises bearing No. 2/41 Mian Channu for which both of them had submitted `CH' Forms. The other shop (No. 4/4-B) was in the occupation of the appellant who is a local. When settlement operations started, only the respondent Sharifuddin filed a `C S' Form for the transfer of the shop in his possession. The Deputy Settlement Commissioner, however, treated the entire property as a shop and transferred it to the said Sharifuddin on the condition that he and his brother Muhammad Ibrahim surrender their claim in respect of the other residential house No. 2/41. They agreed to this and transfer of the premises in dispute was made jointly to the respon--dent Sharifuddin and his brother Muhammad Ibrahim. The present…

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