Mst. IFFAT BEGUM vs Mst. RASHIDA BEGUM AND Another — 1970 SCMR 114

Citation: 1970 SCMR 114

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-03

Parties: Mst. IFFAT BEGUM vs Mst. RASHIDA BEGUM AND Another

Headnotes

Case cited as 1970 SCMR 114

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title: Mst. IFFAT BEGUM vs Mst. RASHIDA BEGUM AND Another Case No.:Civil Petition for Special Leave to Appeal No. 299 of 1967 Writ Petition No. 1140-R of 1964 Date of Judgment:1969-10-03 Reported As: 1970 SCMR 114 Result: Leave granted Judgment ORDER FAZLE-AKBAR, J.-The dispute in this case relates to a building site No. AA/469-B, situated in Mohallah Workshop, Rawalpindi. On 22-2-61 the Deputy Settlement Commissioner transfer--red the entire plot to respondent Mst. Rashida Begum. On 10-7-61 the Deputy Settlement Commissioner directed that this plot should be reserved for Mst. Iffat Begum. In the appeals filed by them the Additional .Settlement Commissioner directed division of the plot and gave one-half to each of the rival contenders and his order was upheld in revision by the Settlement and Rehabilitation Commissioner. Mst. Rashida Begum then moved a writ in the High Court. The learned Judges being of the opinion that "The first order of the Deputy Settlement Commissioner not having been appealed against became final under section 22 of the Displaced Persons (Compensation and Rehabilitation), Act, 1958", held that the subsequent order transferring a part of the property to Mst. Iffat Begum was without lawful authority and of no legal effect. Mst. Iffat Begum seeks special leave to appeal against the above order. It was contended inter alia (i) that the first order dated 22nd February 1961,…

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