YASIN KHAN vs THE ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT — 1968 SCMR 1268

Citation: 1968 SCMR 1268

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: YASIN KHAN vs THE ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT JUDGMENT

Headnotes

Case cited as 1968 SCMR 1268

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:YASIN KHAN vs THE ADDITIONAL DISTRICT JUDGE AND EX OFFICIO SETTLEMENT JUDGMENT Reported As: 1972 SCMR 376 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of an order of a Division Bench of the High Court of West Pakistan, Karachi Seat, summarily dismissing a petition under Article 98 of the Constitution of 1962. The dispute relates to an evacuee property bearing Survey No. F-50/1216 situated in Risala Road, Hyderabad. It is a small plot of land measuring only 207 sq. Yards and originally it had a two- storied building on it. The appellant claims that he was allotted the ground-floor of the said building in 1948 and the upper floor was in the possession of one Mohammad Isa who was not an allottee but only a recorded tenant. Respondents Nos. 2, 3 and 4 also claimed that early in 1948, after they were evicted from another evacuee property called "Dholandas Garden" in Hyderabad, they were allotted the upper floor of the said building and a small room on the ground floor along with the said Mohammad Isa who was really the head of the families who were so evicted from "Dholandas Garden". Unfortunately, the building on this disputed plot collapsed on the night of ),9th of August 1956 killing several and injuring some 13 persons including 9 members of the families of the respondents. When Settlement operations started,…

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