Hafiz AHMAD SHAFI vs KALLU KHAN AND 4 Other — 1970 SCMR 652

Citation: 1970 SCMR 652

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-04

Parties: Hafiz AHMAD SHAFI vs KALLU KHAN AND 4 Other

Headnotes

Case cited as 1970 SCMR 652

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Hafiz AHMAD SHAFI vs KALLU KHAN AND 4 Other Case No.: Petition for Special Leave to Appeal No. 19 of 1970 Date of Judgment:1970-03-04 Reported As: 1970 SCMR 652 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The petitioner who is a local and was in Government service at the relevant time, filed a L. H. Form on the 5th of August 1959, for transfer of the house in dispute bearing No. 16- A, Block .23, Sargodha, on the ground that it was of the value of less than Rs. 10,000 and that the petitioner being in its occupation, was entitled to its transfer under para. 3 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, hereinafter des--cribed as the Act. The value of the house, however, was found to be more than Rs. 10,000 by the Settlement Authorities who placed it on the earmarking list showing its gross rental value at Rs. 600 per annum. Lots were drawn on the 16th of December 1959, and the house fell to the lot of respon--dent No. 1, Kallu Khan, who paid Rs. 21,600 as its price and a P. T. O. Was duly issued in his favour on the 6th of January 1960. Thereafter, Kallu Khan served a notice on the petitioner under section 30 of the Act which was duly acknowledged by him on the 24th of June 1960. The peti--tioner atoned in favour of the respondent thereafter and tendered rent to him. Relying on the Chief Settlement Commissioner's letters dated the…

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