Mst. HALEEMA BIBI vs THE CHIEF SETTLEMENT & REHABILITATION — 1971 SCMR 760

Citation: 1971 SCMR 760

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-20

Parties: Mst. HALEEMA BIBI vs THE CHIEF SETTLEMENT & REHABILITATION COMMISSIONER, PAKISTAN, LAHORE AND 5 Other

Headnotes

Case cited as 1971 SCMR 760

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:Mst. HALEEMA BIBI vs THE CHIEF SETTLEMENT & REHABILITATION COMMISSIONER, PAKISTAN, LAHORE AND 5 Other Case No.: Civil Petition for Special Leave to Appeal No. 113 of 1971 Revision No. 1 of 1964 Date of Judgment:1971-10-20 Reported As: 1971 SCMR 760 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner claimed that Harnam Singh and others evacuee owners had entered into an agreement for sale of the land in dispute in favour of her husband Baga Singh who embraced Islam after Partition and died in Pakistan. Out of the sale price fixed at Rs. 35,255, Baga Singh had allegedly paid to the vendors on the 6th January 1947, a sum of Rs. 16,000. Long after the prescribed period of limitation for filing a suit for specific performance had expired, the petitioner applied to the Deputy Rehabilitation Commissioner under section 16 of the Pakistan (Administration of Evacuee Property) Act XII of 1957, for permission to file a suit in civil Court. The permission was refused, but nevertheless she filed a suit and obtained an ex parte decree against the vendors as well as the Custodian of Evacuee Property. In execution of the decree she got a mutation of the land entered in her name and note was made in Register R. L. II against the allotments of the land in favour of the respondents. In 1962 the allottees applied to the Deputy Rehabilitation Commissioner for resumption of the…

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