EVACUEE PROPERTY TRUST BOARD, HYDERABAD vs SETTLEMENT — 1971 PLD 228

Citation: 1971 PLD 228

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: EVACUEE PROPERTY TRUST BOARD, HYDERABAD vs SETTLEMENT JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 228

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Durab Patel Title:EVACUEE PROPERTY TRUST BOARD, HYDERABAD vs SETTLEMENT JUDGMENT Reported As: PLD 1971 Karachi 228 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD HALEEM, J. --This is a Letters Patent appeal against the order dated the 15th of May 1970, of a learned Single Judge of this Court by which he vacated the interim order of status quo dated the 3rd of March 1970. The dispute relates to houses bearing Survey Nos, 41/6 and 42/7. The former comprises one room, bearing Sub No, 7 while the latter six rooms, bearing Sub Nos, 1 to 6 and each is described as a house. They are situated in Hyderabad Cantonment and were purchased in public auction by respondent No, 2 on 7th of February 1964 ; she was accordingly issued a P. T. 0. dated the 20th of April, 1964 followed by a P. T. D. dated the 29th of April 1965. Mutation in her name was effected in the records of the Contonment Board on the 23rd of June 1965. It appears, thereafter, that respondent No, 2, initiated proceedings of ejectment of the tenants under West Pakistan Urban Rent Restriction Ordinance, 1959 and orders for their ejectment were granted but before the tenants could be ejected, an application was filed by the appellant in September 1966, under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, before the Settlement Commissioner, exercising powers of the Chief Settlement Commissioner, Karachi, in which it was prayed…

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