MOHAMMAD ALI vs ABDUL MAJID AND Another — 1970 SCMR 273

Citation: 1970 SCMR 273

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-23

Parties: MOHAMMAD ALI vs ABDUL MAJID AND Another

Headnotes

Case cited as 1970 SCMR 273

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MOHAMMAD ALI vs ABDUL MAJID AND Another Case No.: Civil Petition for Special Leave to Appeal No. 134 of 1969 L. P. A. No. 26 of 1969 Date of Judgment:1969-10-23 Reported As: 1970 SCMR 273 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Property No. 210/D in Burewala, district Multan, was transferred to the respondent No. 1, a claimant displaced person, under Settlement Scheme No. 1. He paid the entire sale price by surrendering the verified claim purchased from a third person whereupon P. T. O. And P. T. D. Were issued in his name. Later on, the Deputy Settlement Commis--sioner found that the claim surrender by the respondent No. 1 was not genuine and he made demand for payment of Rs. 14,000 odd. No date for payment was specified in the notice. A second notice for payment was issued on the 22nd April 1968, calling upon him to pay the amount within two days. In default of payment the transfer in favour of the respondent No. 1 was cancelled on the 3rd May 1968 and the property sold by auction to the petitioner on the 14th May 1968. The respondent No. 1. Moved the Additional Settlement Commissioner against the cancellation of the transfer in his favour on the ground that the default was due to mischance and that he was not given sufficient opportunity to pay the amount. He also made grievance of the hasty auction of the property before the expiry of 30 days during which…

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