MUNAWAR HUSSAIN vs MUHAMMAD SHAM AND 2 Other — 1970 SCMR 677

Citation: 1970 SCMR 677

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUNAWAR HUSSAIN vs MUHAMMAD SHAM AND 2 Other

Headnotes

Case cited as 1970 SCMR 677

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: MUNAWAR HUSSAIN vs MUHAMMAD SHAM AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 4 of 1970 Letters Patent Appeal JUDGMENT Reported As: 1970 SCMR 677 Result: Leave refused Judgment JUDGMENT SAMAD AHMAD, J.-The property involved in this petition for special leave to appeal is of a composite character consisting of two shops with some residential accommodation on the ground-floor and two residential storeys above it. On the 8th of December 1959, the Deputy Settlement Commissioner transferred the entire property as a house to the petitioner Munawar Hussain who is a non-claimant displaced person. Muhammad Shafi respondent who was in occupation of a shop on the ground-floor had also filed a C. H. Form which was rejected on the ground that since he was in possession of a small shop only, the question of the transfer of the house did not arise in his case. One, Rashid, Ahmad, who was in possession. Of a portion of this property, had also filed a N. C. ;H. Form which was also rejected. It may be noted here that the second shop on the ground-floor was in occupation of one, Muhammad Hussain, who was a local. : Muhammad Shafi and Rashid Ahmad afore said, filed appeals against the order of the Deputy Settlement Commissioner, transferring the entire house to the petitioner, which were ' rejected. However, on a revision jointly filed by Rashid Ahmad and Muhammad Shall; the…

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