MUHAMMAD ABDULLAH vs SETTLEMENT COMMISSIONER, SARGODHA — 1973 SCMR 402

Citation: 1973 SCMR 402

Court: Supreme Court of Pakistan

Year: 1966

Decision Date: 1966-06-01

Parties: MUHAMMAD ABDULLAH vs SETTLEMENT COMMISSIONER, SARGODHA

Headnotes

Case cited as 1973 SCMR 402

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman Title: MUHAMMAD ABDULLAH vs SETTLEMENT COMMISSIONER, SARGODHA Case No.: Civil Petition for Special Leave to Appeal No. 176 of 1966 L. P. A. No. 6 of 1964 Date of Judgment:1966-06-01 Reported As: 1973 SCMR 402 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, J.-The dispute in this case relates to, the transfer of two shops being Nos. P- 70 and 7i/1, situate at Gole Bazar, Lyallpur. One of these shops was in possession of some other persons but the petitioner claimed that the other shop was in possession of his son Siraj Din under a valid allotment order. On this basis he applied for the transfer of the shop on a C. S. Form and obtained an order of transfer from the Deputy Settlement Commissioner on the 3rd of December 1959. The others then went up in appeal before the Additional Settlement Commissioner. They claimed that the two shops really constituted one unit and that neither the petitioner nor his son was in posses--sion thereof, as it had been rented out to a firm called Muhajir Karyana Store. It was then discovered that another shop in Chak No. 49-G. 0. Was in possession of the petitioner where he and his son were carrying on business. The latter shop was actually. Allotted in the name of the petitioner and that both father and son had been jointly paying rent therefor. The Additional Settle- -ment Commissioner, therefore, cancelled the transfer in favour of the petitioner…

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