ABDUL SHAKOOR vs THE SETTLEMENT AND REHABILITATION Case No — 1970 SCMR 533

Citation: 1970 SCMR 533

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-09

Parties: ABDUL SHAKOOR vs THE SETTLEMENT AND REHABILITATION

Headnotes

Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The property in dispute bearing Nos. 2158, 2159 and 2159-A, Bean Street, Rawalpindi, com--prising two shops below and a chaubara above, has been transferred by the Settlement Authorities in favour of Ishtiaq Ahmad, the predecessor- in-title of respondents 4-7 as one unit, the property being situated in a commercial area.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: ABDUL SHAKOOR vs THE SETTLEMENT AND REHABILITATION Case No.: Civil Petition for Special Leave to Appeal No. 66 of 1970 Date of Judgment:1970-04-09 Reported As: 1970 SCMR 533 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The property in dispute bearing Nos. 2158, 2159 and 2159-A, Bean Street, Rawalpindi, com--prising two shops below and a chaubara above, has been transferred by the Settlement Authorities in favour of Ishtiaq Ahmad, the predecessor- in-title of respondents 4-7 as one unit, the property being situated in a commercial area. Although it is not so expressly stated in the relevant order, but since the property is situated in a predominantly commercial area, the whole of it was treated as a shop and transferred as such in favour of Ishtiaq Ahmad. The petitioner brought a writ petition in the High Court on a two-fold contention, firstly, that the property was capable of division and should have been divided in order to give one of the shops bearing No. 2159 to him as he was in its possession and secondly that Ishtiaq Ahmad had merely asked for the transfer of shop No. 2158 which was in his possession according to his C. S. Form and could not therefore be given more than that. The writ petition was dismissed as the petitioner was unable to substantiate his second contention and as to the first, it was observed that the Chief Settlement Commissioner was not bound to…

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