ATTA MUHAMMAD vs KHADIJA BEGUM AND 5 Other Case No — 1970 SCMR 24

Citation: 1970 SCMR 24

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ATTA MUHAMMAD vs KHADIJA BEGUM AND 5 Other

Headnotes

Result: Leave refused Judgment JUDGMENT FAZLE-AKBAR, J.-The dispute in this case is with respect to House No. B-I-S-3-8, Mandi Chuharkana, District Sheikhupura.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: ATTA MUHAMMAD vs KHADIJA BEGUM AND 5 Other Case No.:Civil Petition for Special Leave to Appeal No. 242 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 24 Result: Leave refused Judgment JUDGMENT FAZLE-AKBAR, J.-The dispute in this case is with respect to House No. B-I-S-3-8, Mandi Chuharkana, District Sheikhupura. On 10-10-54, this house was transferred to Khadija Begum on her C. H. Form. Later, by mistake, this house was included in the earmarking list and thereafter it was drawn by lots in the name of the petitioner Atta Muhammad on 25-5-60 and a P. T. O. Was issued in his favour on 31-10-60. When the said fact was brought to the notice of the Deputy Settlement Commis--sioner, he, while canceling the lot drawn in favour of Atta Muhammad, directed that the latter should be allowed "choice to earmark some other house in the list of auction" and his order was upheld in appeal and on revision. The High Court also declined to interfere with the order of the Settlement authorities in its writ jurisdiction. The learned counsel has found it difficult to challenge the legality and propriety of the order of the Settlement authorities. It will suffice to say that as the property had already been transferred to Mst. Khadija Begum the same should not have been put in the earmarking list. The High Court has, therefore, rightly declined to interfere with the order of the Settlement…

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