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Citation: 1972 SCMR 359
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Parties: PRINCE GHULAM MUHAMMAD KHAN vs SETTLEMENT & REHABILITATION JUDGMENT
Case cited as 1972 SCMR 359
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:PRINCE GHULAM MUHAMMAD KHAN vs SETTLEMENT & REHABILITATION JUDGMENT Reported As: 1972 SCMR 359 Result: Appeal partly accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against the judgment of a Division Bench of the former High Court of West Pakistan, Karachi Seat, in a Letters Patent Appeal (No. 212 of 1965) arming the judgment of a learned Single Judge of the same High Court in Petition No. 576 of 1962 under Article 98 of the Constitution of 1962. This petition was filed to challenge the legality of the order of the Settlement and Rehabilitation Commissioner, Karachi, Hyderabad and Khairpur Divisions, passed on the 26th of July 1962, cancelling the allotment of a garden known as "Dholandas Garden", situated within the municipal limits of Hyderabad and measuring 37.1 acres, in favour of the respondent No. 2 and re-allotting the same to the appellant herein. The respondent No. 2, who is a displaced person from Delhi and claims that he holds a verified claim for 3957 units of urban garden lands left behind at Delhi in his own name, was, in 1950, allotted a garden, situated in Deh Gangra within the municipal limits of Hyderabad and measuring some 18.15 acres, as the head of his family consisting of his wife, three sons and a daughter. We are informed that he is still in possession of this garden which has since been…
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