NAWAB KHAN vs Mst. HAJRA BEGUM AND Other — 1970 SCMR 48

Citation: 1970 SCMR 48

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-13

Parties: NAWAB KHAN vs Mst. HAJRA BEGUM AND Other

Headnotes

Case cited as 1970 SCMR 48

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Yaqub Ali Khan Title: NAWAB KHAN vs Mst. HAJRA BEGUM AND Other Case No.:Civil Petition for Special Leave to Appeal No. 308 of 1967 Letters Patent Appeal No. 667 of 1966 Date of Judgment:1967-10-13 Reported As: 1970 SCMR 48 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The dispute is in relation to the transfer of an evacuee house under the Displaced Persons (Com--pensation and Rehabilitation) Act. The Settlement authorities in exercise of the power conferred by section 2 of the Act divided the house and transferred a portion to Nawab Khan, petitioner, and the rest of the house to Mst. Hajran Begum, respondent, as independent residential units. Dissatisfied the petitioner moved the High Court in writ jurisdiction contending inter alia that the house was in fact indivisible and. The Settlement authorities had failed to apply their mind to this question. The contention was contrary to the record. In grounds Nos. 8 & 9 of the revision petition before the Settlement and Rehabilitation Commissioner the petitioner had urged "8. That the learned D. S. C. Vide his order dated 1st April 1961, decided the case, on remand, afresh on merits, after hearing the parties and seeing the spot personally. Con--sequent to the judgment of D. S. C., the house was divided and as such the portion from ground floor marked "A" in the Exh. Was given to Nawab Khan, the petitioner and the portion from the ground…

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