Mr. N. M. Khan vs Dr. Abdur Rauf — 1970 SCMR 158

Citation: 1970 SCMR 158

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 158

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul JUDGMENT Reported As: 1970 SCMR 158 Result: Appeal dismissed Judgment JUDGMENT S. A. RAHMAN, J.-This is an appeal by special leave calling in question orders passed by the High Court of West Pakistan in writ jurisdiction. Two contiguous houses baring Nos. 45 and 47, Empress Road, were allotted to Mr. N. M. Khan, the first appellant, and to Dr. Abdur Rauf, the second respondent, respectively, by the Rehabilitation authorities. The allotment in favour of Mr. N. M. Khan who is a Senior. C. S. P. Officer, was made it appears, on a temporary basis on the 13th of October 1953, whereas the allotment order in favour of Mr. Abdur Rauf in respect of the other house was of the year 1955. Prior to his allotment, some other persons had been in possession of No. 47, as allottees. The order of allotment in favour of Mr. N. M. Khan made it clear that it would operate in his favour for such time as he was unable to get residence at his place of posting. It was further stipulated therein that Mr. N. M. Khan's family would stay in Model Town in the house of Mr. Masud, another C. S. P. Officer who was then Secretary, Agriculture, in the Punjab and that Mr. Masud would be allowed to stay in house No. 45, Empress Road. It seems nevertheless, that house No. 45, Empress Road, remained in the possession of Mr. N. M. Khan even when he was posted as Chief Commissioner, Karachi, where…

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