MUHAMMAD ISLAMUDDIN (REPRESENTED BY HEIRS) AND 2 Others vs S. EJAZ — 1970 SCMR 93

Citation: 1970 SCMR 93

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ISLAMUDDIN (REPRESENTED BY HEIRS) AND 2 Others vs S. EJAZ JUDGMENT

Headnotes

Case cited as 1970 SCMR 93

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title:MUHAMMAD ISLAMUDDIN (REPRESENTED BY HEIRS) AND 2 Others vs S. EJAZ JUDGMENT Reported As: 1970 SCMR 93 Result: Leave refused Judgment JUDGMENT FAZLE-AKBAR, J.-The dispute is with respect to Property No. S-III-10-S-16, Abkari Road, Lahore, which consists of a residential portion and a shop. The residential portion was in occupation of Haji Muhammad Swaleheen and his brothers, Makhdum Hussain (respondent No. 4) and one Imamud din. The shop was in possession of Muhammad Ibrahim. The Deputy Settlement Commissioner divided the residential portion into three separate units and transferred the portions which were in possession of Makhdum Hussain and Swaleheen and his brothers to them, respectively. As Imamuddin had not applied for the transfer of the portion that was in his possession he transferred it to the compensation pool. Similarly, as Muhammad Ibrahim had not applied for transfer of the shop he ordered for its disposal; by auction. On appeal by Swaleheen and his brothers the Additional Settlement Commissioner modified the order of the Deputy Settlement Commissioner by dividing the residential portion into two units and gave one unit to Swaleheen and his brothers and the other to Makhdum Hussain. He, however, maintained the order of auction of the shop. Swaleheen and his brothers then filed a revision petition before a Settlement Commis--sioner challenging only that part of the order by…

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