Mst. BADARUN NISA AND OTHERS vs Kh. HIDAYATULLAH AND OTHER — 1982 CLC 2348

Citation: 1982 CLC 2348

Court: Lahore High Court

Year: 1971

Decision Date: 1971-08-03

Parties: Mst. BADARUN NISA AND OTHERS vs Kh. HIDAYATULLAH AND OTHER

Headnotes

Case cited as 1982 CLC 2348

Judgment Text

Court Name: Lahore High Court Judge(s): Zakiuddin Pal Title: Mst. BADARUN NISA AND OTHERS vs Kh. HIDAYATULLAH AND OTHER Case No.: Writ Petition No. 267-R of 1968 Date of Judgment:1971-08-03 Reported As: 1982 CLC 2348 Result: Petition accepted JUDGMENT JUDGMENT The dispute relates to house No. A/758, situated on Sadar Road, Rawalpindi. The petitioner's predecessors-in-interest, - Muhammad Umar, was the allottee of a portion of the house since 9th September, 1950, and he filed his C,H. Form for the transfer of that portion, vide Annexure 'A'. Respondent No. 2 filed her C.H. Form, vide Annexure. --A/I'. According to the petitioner respondent No. 1 did not file any form for the transfer of the property in dispute. The petitioner has filed Annexure 'A/2' to this effect whereby he wants to prove that no such form was ever received by the Settlement Department. The property in dispute was transferred to respondent No. 2 by the Deputy Settlement Commissioner on 21st December, 1959. According to the petitioner, the form of her predecessor-in-interest was never considered by the Deputy Settlement Commissioner. This order of the Deputy Settlement Commissioner was challenged by way of Appeal by respondent No.1 before 'that Addi--tional Settlement Commissioner. The predecessor-in-interest of the petitioners also made an application to be impleaded as party in that appeal and along with that he also filed the grounds of appeal but no formal order was passed on the same. The learned…

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