MUHAMMAD AKRAM vs Mst. ISLAM BIBI AND 7 Other — 1965 PLD 123

Citation: 1965 PLD 123

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD AKRAM vs Mst. ISLAM BIBI AND 7 Other

Headnotes

Case cited as PLD 1965 SC 123

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD AKRAM vs Mst. ISLAM BIBI AND 7 Other Case No.:Civil Petition for Special Leave to Appeal No. 76 of 1967 Letters Patent JUDGMENT Reported As: 1970 SCMR 563 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The dispute in this case relates to an evacuee shop No. P/72, Harcharanpura, Lyallpur. It was originally included in the auction pool, as no claim had been filed for its transfer. But as it was in the possession of a local it could not be auctioned. The present petitioner, who is a displaced person, moved the Settlement Authorities against the occupant as an informer alleging that he was in unauthorised occupation. But subsequently it was found that it had been transferred to the heirs of one Qaim Din who was originally in possession of this shop with one Ghulam Muhammad on the 2nd of December 1959, although the said Qaim Din had been murdered in 1957 and his heirs had left for Karachi and settled there. At first no action was taken on his complaint, but subsequently enquiries were made and the Director of Enforce--ment on the 20th June 1962, made a reference to the Settlement Commissioner. The latter set aside the transfer in favour of the respondents, who are the heirs of Qaim Din, and transferred the shop to the petitioner on the 5th October 1962. The petitioner then filed a petition for ejectment of Ghulam Muhammad from the shop. Thereafter, a petition…

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