MUSHTAQ AHMAD vs SETTLEMENT AND REHABILITATION COMMISSIONER, — 1977 PLD 906

Citation: 1977 PLD 906

Court: Lahore High Court

Year: 1971

Decision Date: 1971-06-17

Parties: MUSHTAQ AHMAD vs SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI AND 2 OTHERS

Headnotes

Case cited as PLD 1977 Lahore 906

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, M. S. H. Qureshi Title:MUSHTAQ AHMAD vs SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI AND 2 OTHERS Case No.: Letters Patent Appeal No. 80 of 1971 Date of Judgment:1971-06-17 Reported As: PLD 1977 Lahore 906 Result: Appeal dismissed Judgment ORDER ' SHAMEEM HUSSAIN KADRI, J.-This is the second round of litigation in regard to the transfer of house bearing Nos. 2926 and 2927. The learned Single Judge had found that the two units originally belonged to one person and by inheritance the horse was divided into two units which were part of the same house and have been transferred to a non-claimant who has associated a claimant with him. The grievance of the appellant (a non-claimant) is that the learned Judge in Chambers has not applied N. M. Khan's case which is on all fours attracted to the facts of the case in hand. We are afraid, we cannot agree with the submission made by the learned counsel. According to the definition of 'house' the units in a house can be treated as one house and disposed of accordingly. Both the learned Settlement Commissioner and the learned Single Judge for cogent reasons have upheld the transfer of this property to the respondents. The appellant has also been held to be a licensee in the house. No case for interference is made out. ' This Letters Patent Appeal is dismissed in limine.

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