Muhammad Yaqoob Khan vs Abdus Sattar and others — 1971 PLD 438

Citation: 1971 PLD 438

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Supreme Court 438

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Mujibur JUDGMENT Reported As: PLD 1971 Supreme Court 438 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.--These two appeals, by special leave, arise out of an order of the then High Court of West Pakistan at Lahore passed in two Letters Patent Appeals reversing the judgment of a Single Bench of the Court and declaring that the auction of a portion of Bakhshi Market, Lahore as a big mansion was illegal and holding that the said portion was liable to be disposed of to the persons found eligible for it on their entitlement. In order to appreciate the points of law involved in these appeals, it is necessary to state briefly the facts of this case. These are as follows :- The property bearing No, S-64-R-112, known as Bakhshi Market, Anarkali, Lahore, is an evacuee property. It was acquired under section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter called 'the D. P. Act'). The Bakhshi Market consisted of a number of shops on the ground floor and a hotel and some residential flats on the upper floor. These shops and flats have been in occupation of different persons. Its monthly rental was Rs, 7,402. One specific portion of this market comprising one shop on the ground floor and two residential flats above that shop was the subject-matter of the litigation between the parties out of which the present two appeals have arisen. This…

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