MEMS MURREE HILLS TRANSPORT COMPANY LTD. vs Agha GHULAM JILANI — 1963 PLD 72

Citation: 1963 PLD 72

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-30

Parties: MEMS MURREE HILLS TRANSPORT COMPANY LTD. vs Agha GHULAM JILANI

Headnotes

Case cited as PLD 1963 Lah. 72

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Qadeeruddin Ahmed Title: MEMS MURREE HILLS TRANSPORT COMPANY LTD. vs Agha GHULAM JILANI Case No.: Letters Patent Appeal No. 217 of 1968 Date of Judgment:1970-01-30 Reported As: PLD 1970 Lahore 864 Result: Q. JUDGMENT JUDGMENT NASIM HASAN SHAH, J.---This is a certificated appeal against the judgment dated 1-8-68 passed by a learned Single Judge of this Court dismissing the appellant's second appeal which was directed against the order passed by the Additional District Judge, Rawalpindi, whereby he had dismissed the first appeal of the appellant against the order of the Rent Controller, Rawalpindi, dated 5-7-67, directing the eviction of the appellant from the premises in dispute. 2. The facts which form the background are that the Imperial Cinema, Rawalpindi, was transferred by an order dated 7-1Q-60 passed by the Additional Settlement Commissioner (Industries) to Mr. Ghulam Jilani, the respondent herein. The relevant portion of the order is reproduced below: "It would thus appear that only land and half of the building of the cinema is evacuee property. It is quite obvious that Mr. Ghulam Jilani owns more than 1/3 of the cinema house. Since the cinema house is indivisible and Mr. Ghulam Jilani owns more than its 1/3 share, I find him entitled to the transfer of the cinema house under para. 16-C of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (as amended) read with the order of…

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