ABDUL HAMID vs MUHAMMAD IBRAHIM AND 2 Other Case No — 1970 SCMR 89

Citation: 1970 SCMR 89

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ABDUL HAMID vs MUHAMMAD IBRAHIM AND 2 Other

Headnotes

Result: Leave refused Judgment JUDGMENT S. RAHMAN, J.-The parties were in possession of a com--posite property which was finally divided horizontally by the Settlement authorities.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: ABDUL HAMID vs MUHAMMAD IBRAHIM AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 233 of 1967 Appeal No. 16 of JUDGMENT Reported As: 1970 SCMR 89 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-The parties were in possession of a com--posite property which was finally divided horizontally by the Settlement authorities. The petitioner along with his brother, Abdul Aziz, was given the first floor and the ground floor was ordered to be transferred to Muhammad Ibrahim through his were, Mst. Fazal Bibi. The petitioner challenged the order of the Settlement authorities by a petition for a writ in the High Court but was unsuccessful. He now seeks special leave to appeal. The respondent, Muhammad Ibrahim, is married to a real sister of the petitioner and Abdul Aziz who are brothers. It would thus appear that the whole building which consists of two floors, was in fact occupied by one family. The complaint of Mr. Gul Muhammad Khan, on behalf of the petitioner; is that he had been jointly given with his brother, Abdul Aziz, the first door of which he was not in possession, whereas he was in possession of a room on the ground floor. He also contends that a joint transfer to the petitioner and his brother was not legal unless it was asked for by the two brothers in agreement. The position of possession is far from clear from the docu--ments on record. From the order…

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