BEERUDDIN vs ALLAH BAKHSH AND 4 Other — 1971 SCMR 176

Citation: 1971 SCMR 176

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: BEERUDDIN vs ALLAH BAKHSH AND 4 Other

Headnotes

Case cited as 1971 SCMR 176

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: BEERUDDIN vs ALLAH BAKHSH AND 4 Other Case No.:Civil Petition for Special Leave to Appeal No. 294 of 1970 Letters Patent JUDGMENT Reported As: 1971 SCMR 176 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The dispute in this case relates to shop No. 385/11, Muslim Bazar, Bhakkar. This shop was put to auction on the 22nd December 1964, under Settlement Scheme No. VIII. The petitioner gave the highest bid of Rs. 10,000. This bid was accepted, and the auction was confirmed on the 6th January 1965. The petitioner deposited a compensation book in his name and in the name of his brother, but it carried only a deferred value of Rs. 1,923 in the petitioner's name. No overt act was done by the petitioner to associate his brother with the bid in respect of the disputed shop. The result was that the compensation book carrying a deferred value of Rs. 1,928 in the petitioner's name fell short of the 1/4th of the bid money. At no time after the acceptance of the bid, the petitioner paid any further sum towards the auction price. In this circumstance, the Deputy Settlement Commissioner cancelled the auction on the 18th May 1967, after giving a notice to the petitioner. The petitioner's appeal and revision against the order cancelling the auction having become fruitless, he made I writ petition in the High Court calling in question the validity of the order cancelling the auction. The writ…

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