Zia-ud-Din vs Ahmad Bakhsh — 1972 SCMR 60

Citation: 1972 SCMR 60

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 60

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 60 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the former High Court of West Pakistan, Lahore, in Letters Patent Appeal No. 273 of 1963, dated the 22nd December 1964. By this order, the appeal was dismissed in limine. Briefly, the facts leading to the present appeal are that the dispute between the parties is in respect of a small house bearing No. SW-IV-26-S-9, Muslim Park, Rajgarh, Lahore. This was - allotted on the 19th January 1952 to Zia-ud-Din appellant who is a local. Later on, Ahmad Bakhsh who was claimant displaced person also came into possession of the house. He was father---in- law of Mst. Wazir Begum respondent No. 2. Both Zia-ud-Din and Ahmad Bakhsh applied for the transfer of the house in dispute. Ahmad Bakhsh who was ill, was represented by his daughter-in- law Mst. Wazir Begum. The C. H. Form of Ahmad Bakhsh was accepted by the Deputy Settlement Commissioner and the house in dispute was transferred to him on the 11th January 1960. The learned Deputy Settlement Commissioner held that the house was indivisible and as Ahmad Bakhsh was claimant, he was to be preferred on the appellant who was a local. Zia-ud-Din challenged this order in appeal and Malik Ghulam Jilani, Additional Settlement Commissioner, on the 24th September 1960, remanded…

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