SHAUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI — 1972 SCMR 124

Citation: 1972 SCMR 124

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: SHAUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI JUDGMENT

Headnotes

Case cited as 1972 SCMR 124

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title:SHAUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI JUDGMENT Reported As: 1972 SCMR 124 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-The petitioners bad been in occupa--petition of certain outhouses of the house in question and on the basis of such possession and of their C. H. Forms were allotted the said house. The allotment was, however, subsequently cancelled on the ground that on the basis of their possession of some outhouses of the house they were not entitled to claim transfer of the house. It has been contended on behalf of the petitioners that the learned Judges of the High Court failed to read the definition of `House' in section 2(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, together with paragraph 1 of the Schedule to the Act, and this failure has affected their decision. It is argued that reading the said two provisions together the petitioners are entitled to claim transfer of the house on the basis of their possession of the outhouses for there was no difference between the possession of a portion of the main house and the possession of an outhouse of the house. The High Court rejected this contention on the basis of two judgments of this Court, namely, Mst. Fazlun Nisa Begum v. Chief Settlement Commissioner, judgment dated 24-3-1966 in Civil Petition for Special Leave to Appeal No. K-34 of…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.