FAJAR ALI AND Another vs Mst. JAMILA AND 3 Other — 1965 PLD 261

Citation: 1965 PLD 261

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: FAJAR ALI AND Another vs Mst. JAMILA AND 3 Other

Headnotes

Case cited as PLD 1965 SC 261

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: FAJAR ALI AND Another vs Mst. JAMILA AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 292 of 1969 Letters Patent JUDGMENT Reported As: 1970 SCMR 706 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to house No. 563, Block No. 1, Maghiana, Jhang. It was in occupation of various displaced persons of whom the respondent No. 1, Mst. Jamila alone was a claimant.. The rest were non--claimants. When Settlement operations started Mst. Jamila filed a C. H. Form but the others filed N. C. H. Forms.. On 18-12-1959 the Deputy Settlement Commissioner, Jhang transferred the entire property to her. Subsequently a successor Deputy Settlement Commissioner took the view that the house was divisible into three vertical portions and being under the impression that the application forms for the transfer of his house were yet un-disposed of, gave rooms Nos. 1, 2, 3 and 4 with the chaubara above these rooms to Mst. Jamila; rooms Nos. 7, 8, 9 and 10 with the chaubara above them to the petitioner Fajar .Ali, (wrongly described as Faqir Ali), and rooms Nos. 11 and 12 with the chaubara above them to Muhammad Ismail and Muhammad Ramzan sons of Maula Bakhsh. Subsequently when these two conflicting orders were brought to the notice of another successor Deputy Settlement Commissioner, he on the 11th February 1961, sought permission to review both…

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