Haji FAIZUL HAQUE KHAN vs Syedabdul HAMID AND Another — 1970 SCMR 33

Citation: 1970 SCMR 33

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-26

Parties: Haji FAIZUL HAQUE KHAN vs Syedabdul HAMID AND Another

Headnotes

Case cited as 1970 SCMR 33

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Dr. Sheikh Abdul Rahman Title: Haji FAIZUL HAQUE KHAN vs Syedabdul HAMID AND Another Case No.: Civil Petition for Special Leave to Appeal No. 378 of 1967 Date of Judgment:1967-10-26 Reported As: 1970 SC MR 33 Result: Leave granted JUDGMENT JUDGMENT CORNELIUS, C. J.-It is urged that the High Court has interfered with the order of the Additional Settlement Commis--sioner, on misreading anti non Treading of the evidence. The case of the respondent Syed Abdul Hamid of being entitled to transfer of the disputed property is said to be based on nothing chore than a receipt produced which purports to show that he had put in a NCS form. There was no support from any other documents, e. g., entries in registers or proceedings on the form. It is urged that by itself this receipt proved nothing. Moreover, the High Court had ignored the plain evidence that Syed Abdul Hamid only took possession of the disputed property in 1960, from one Raz Mohammad whom the petitioner was then trying to evict, by proper proceedings. We consider that this case requires further examination and we grant leave to appeal as prayed. Security Rs. 1,000.

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