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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ISLAM KHAN VS Respondent: Mst. RURI AND Other
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD ISLAM KHAN vs Mst. RURI AND Other Case No.: Civil Petition for Special Leave to Appeal No. 69 of 1972 L. P. A. No. 303 of 1971 Date of Judgment:1972-05-12 Reported As: 1972 SCMR 242 Result: Leave refused
Judgment ORDER MUHAMMAD YAQUB ALI, A. C. J.-The dispute relates to the transfer of a house under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Settlement authorities divided the house and transferred it to the petitioner and the respondents according to their respective possession. This order was maintained by the High Court in writ jurisdiction and leave to appeal was refused by this Court. The petitioner again approached the Deputy Settlement Commissioner with the prayer that his part of the house may be demarcated and managed to obtain a report from him that the house was impartible. This was a clumsy attempt to reopen the case. The higher Settlement authorities did not agree with the Deputy Settlement Commissioner and the High Court has again dismissed the writ petition fled by the petitioner to call in question the orders passed by the Settlement authorities. He now seeks leave to appeal. It is sufficient to state that the petitioner has under the disguise of "demarcation" tried to abuse the process of the Court and should think himself fortunate that the High Court has not' taken action against him for resorting to such a course. The petition is dismissed.
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