MAJOR Syed WALAYAT SHAH vs MUZAFFAR KHAN AND 2 OTHERS — 1963 PLD 214

Citation: 1963 PLD 214

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-09

Parties: MAJOR Syed WALAYAT SHAH vs MUZAFFAR KHAN AND 2 OTHERS

Headnotes

Case cited as PLD 1963 Lah. 214

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman Title: MAJOR Syed WALAYAT SHAH vs MUZAFFAR KHAN AND 2 OTHERS Case No.: Civil Appeal No, 33 of 1968 Date of Judgment:1970-12-09 Reported As: PLD 1971 Supreme Court 184 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J. --This appeal is by special leave and it concerns the transfer of an evacuee house No, P. 1024, Asghar Mall, Rawalpindi City. The appellant, who is a claimant displaced person, was allotted a half portion. of this house in 1948 and the two respondents occupied the other portion thereof. Both parties applied for transfer of the house, the appellant filed a C. H. Form and the respondents filed N. C. H. Form. The Deputy Settlement Commissioner by his order dated the 21st of October 1959. held that the house was indivisible and he accordingly to neared the entire house to the appellant and rejected the application of the respondents. The respondents hereupon approached the Deputy Settlement Commissioner r a review of his previous order, and the successor Deputy Settlement Commissioner, without having obtained the prior permission of the Additional Settlement Commissioner as it was t n necessary, by his order dated the 13th of August 1960, in referred with the order of his predecessor dated the 21st of October 1959, and divided the house on the basis of the possession of the two parties. The appellant ap Commissioner by h dismissed the appeal Deputy…

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