Mst. GAITI ARA BEGUM vs THE CHIEF SETTLEMENT COMMISSIONER, LAHORE AND — 1972 SCMR 269

Citation: 1972 SCMR 269

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. GAITI ARA BEGUM vs THE CHIEF SETTLEMENT COMMISSIONER, LAHORE AND JUDGMENT

Headnotes

Case cited as 1972 SCMR 269

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman Title:Mst. GAITI ARA BEGUM vs THE CHIEF SETTLEMENT COMMISSIONER, LAHORE AND JUDGMENT Reported As: 1972 SCMR 269 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, dated the 9th March 1966, in L. P. A. No. 227 of 1961. By this judgment, the appeal of the appellant was dismissed with no order as to costs. The dispute between the parties is in respect of property No. 3-S-51,.Blcck No. 6, Sargodha. It consists of a shop on the ground floor and a choubara on top. The appellant's husband Muhammad Jamal Khan was allottee of the choubara. On the basis of the allotment of the husband, the appellant, who is a claimant displaced person, filed C. H. Form for the transfer of the said choubara. The ground floor is in possession of the respondent No. 2 and by the order of the Deputy Settlement Commissioner, dated the 30th September 1953, his possession was recognized by the Rehabilitation Department. Respondent No. 2 applied for the transfer of the shop on N. C. H. Form. The Deputy Settlement Commissioner, by order dated the 21st December 1959, transferred the choubara to the appellant and had kept in abeyance the transfer of the shop. Both the appellant and the respondent challenged this order in appeal. The appellant contended that the property being indivisible…

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