SHABBIR HUSSAIN vs MUHAMMAD AFZAL AND 2 Other — 1970 SCMR 84

Citation: 1970 SCMR 84

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-05

Parties: SHABBIR HUSSAIN vs MUHAMMAD AFZAL AND 2 Other

Headnotes

Case cited as 1970 SCMR 84

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: SHABBIR HUSSAIN vs MUHAMMAD AFZAL AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 253 of 1967 Letters Patent Appeal No. 596 of 1966 Date of Judgment:1967-10-05 Reported As: 1970 SCMR 84 Result: Leave granted Judgment ORDER S. A. RAHMAN, J.-In this case, on behalf of Shabbir Hussain, the petitioner, it is urged by Mr. Abdul Majid Khan that the High Court had set' aside the order passed in Review the Settlement Commissioner, on a point of fact on which, if it was necessary to obtain a finding, the case should have been remanded to the Departmental authorities for re-decision. The question in dispute between the parties was, as to whether the petitioner, or the respondent, was a prior allotted, or in prior possession of the premises, in question. This was certainly a question of fact and there is a good deal of force in the contention raised that such a question should not have been adjudicated upon by the High Court: but should have been left to be decided by the Settlement Authorities. Leave to appeal is granted as prayed. The petitioner will furnish security for costs in the sum of Rs. 1,000 prior to the appeal being heard. In the meantime the petitioner shall not be ejected from the premises.

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