BADRUDDIN vs Kazi MUNSHI AND 2 Other — 1972 PLD 101

Citation: 1972 PLD 101

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-16

Parties: BADRUDDIN vs Kazi MUNSHI AND 2 Other

Headnotes

Case cited as PLD 1972 Karachi 101

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh Title: BADRUDDIN vs Kazi MUNSHI AND 2 Other Case No.: Miscellaneous Appeal No. 29 of 1967 Date of Judgment:1971-09-16 Reported As: PLD 1972 Karachi 101 Result: Appeal allowed JUDGMENT JUDGMENT This appeal is directed against the order of the Settlement Commissioner, Nawabshah, dated 2nd February 1967, declaring House No. IC-430/433 in Ward No. I, Mohalla Manuabad, Nawabshah, as a property attached to a Religious Trust, and in result holding that its transfer in favour of the appellant was void ab initio. The facts of the case, as disclosed from the papers on the file and as stated by the learned counsel for the parties, are that the house was transferred to the appellant in earmarking proceedings on 9-12-1959, P. T. O. Was issued to harm on 13-1-1960, and P. T. D. On 22- 2-1963. The transfer in favour of the appellant was challenged by Mst. Noor Jehan, respondent No. 2, in petition under Article 98 of the Constitution before this Court, being Writ Petition No. 182 of 1964, which was however, dismissed on 23-4-1966. The appellant then filed ejectment proceeding against the three respondents in the Court of Civil Judge and Controller at Nawabshah, which were contested by them and they then approached the Settlement Commissioner on 8-9-1966, through an application under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act for a declaration that the house was a property attached to a Religious…

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