MOHAMMAD HASHIM AND Others vs DR. MOHAMMAD ASGHAR (REPRESENTED — 1971 SCMR 539

Citation: 1971 SCMR 539

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-11

Parties: MOHAMMAD HASHIM AND Others vs DR. MOHAMMAD ASGHAR (REPRESENTED BY HEIR) AND Another

Headnotes

Case cited as 1971 SCMR 539

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:MOHAMMAD HASHIM AND Others vs DR. MOHAMMAD ASGHAR (REPRESENTED BY HEIR) AND Another Case No.: Civil Review Petition No. 16 of 1970 Civil Appeal No. 239 of 1969 Date of Judgment:1971-06-11 Reported As: 1971 SCMR 539 Result: Petition dismissed Judgment ORDER WAHEEDUDDIN AHMED, J.-This is an application for review of the judgment of this Court in Civil Appeal No. 239 of 1969 dated the 22nd May 1970. By this judgment, the appeal was dismissed with costs. The property in dispute is house No. H/128, Murree Road, Rawalpindi. Deceased Dr. S. Mohammad Asghar respondent No. 1, obtained this house on the basis of a deed of exchange in lieu of his property abandoned in India from Dr. Chanan Lal. This agreement of exchange was confirmed by the Custodian of Evacuee Property on the 17th August 1959. The learned Custodian also granted permission to Dr. S. Mohammad Asghar under clause (a) of subsection (3) of section 16 of the Pakistan (Administration of Evacuee Property) Act, 1957. In pursuance of this permission respondent No. 1 filed a suit for specific performance of contract against Dr. Chanan Lal in the civil Court at Rawalpindi and obtained a decree for specific performance on the 21st March 1960. The petitioners who are claimant displaced persons in occupation of the property in dispute challenged this decree in a suit for declaration and cancellation on the ground that it…

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