YOUSAF ALI vs FAZAL MOHAMMAD MALIK AND 3 Other — 1970 SCMR 681

Citation: 1970 SCMR 681

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: YOUSAF ALI vs FAZAL MOHAMMAD MALIK AND 3 Other

Headnotes

Case cited as 1970 SCMR 681

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman Title: YOUSAF ALI vs FAZAL MOHAMMAD MALIK AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 369 of 1967 Civil Miscellaneous JUDGMENT Reported As: 1970 SCMR 681 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-By this petition for special leave to appeal Yousaf Ali seeks to ventilate his grievance against the order of the High Court of West Pakistan by which his prayer, for being impleaded as a party to writ proceedings pending in the High Court, was rejected. The petitioner is a local in possession of a shop in a composite building. There are apparently four shops in this, which has a residential portion above the shops. The Deputy Settlement Commissioner divided the property into two independent units and transferred one of those units, consisting of a residential portion and two shops, including the one in the possession of the petitioner, to the first respondent, Fazal Mohammad Malik. The second respondent Mst. Sughra Asghar laid a complaint before the enforcement staff, that the transfer in favour of the first respondent was irregular. On a report of the enforcement staff, the Settlement and Rehabilitation Commissioner directed, by his order dated the 26th January 1963, that the shop in the possession of the petitioner, along with the flat above, should be transferred to the informant Mst. Sughra Asghar, as a separate unit, on the ground that the first…

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