ABDUR RAHIM vs TAJ MUHAMMAD Case No — 1970 PLD 294

Citation: 1970 PLD 294

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-21

Parties: ABDUR RAHIM vs TAJ MUHAMMAD

Headnotes

Result: Appeal accepted JUDGMENT JUDGMENT A. SHEIKH, J.----The admitted facts are that Abdur Rahim :appellant and Taj Muhammad respondent were applicants for transfer of Property No.

Judgment Text

Court Name: Lahore High Court Judge(s): Shafi-ur-Rehman, A. R. Sheikh Title: ABDUR RAHIM vs TAJ MUHAMMAD Case No.: Letters Patent Appeal No. 788 of 1966 Date of Judgment:1969-07-21 Reported As: PLD 1970 Lahore 294 Result: Appeal accepted JUDGMENT JUDGMENT A. R. SHEIKH, J.----The admitted facts are that Abdur Rahim :appellant and Taj Muhammad respondent were applicants for transfer of Property No. P. 64, Mohalla Harcharanpura No: 2, Lyailpur. The Deputy Settlement Commissioner by his order ,dated the 2nd of December 1959, treated the property as one unit and excluded the respondent on the ground that the appellant ,was a senior allottee. Thereafter, the case was reviewed by the Deputy Settlement Commissioner after obtaining approval of the Additional Settlement Commissioner and the property was transferred to both the parties jointly in proportion to the shares in their possession. The appellant filed an appeal but remained unsuccessful. He preferred a revision petition against the appellate order, which revision petition was heard by Mr. Nabi Ahmed, Settlement Commissioner, and was allowed by his order dated the 16th of September 1961, giving the entire house to the appellant. After a period of almost one year and a month, the respondent came to this Court invoking jurisdiction under Article 98 of the Constitution Act and the contention raised was that because Mr. Nabi Ahmed, Settlement Commissioner, had died before signing the impugned order, there was no proper judgment…

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