Syed HAIDER SHAH vs MUKHTAR HUSSAIN SHAH AND 6 Other — 1971 SCMR 154

Citation: 1971 SCMR 154

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Syed HAIDER SHAH vs MUKHTAR HUSSAIN SHAH AND 6 Other

Headnotes

Case cited as 1971 SCMR 154

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: Syed HAIDER SHAH vs MUKHTAR HUSSAIN SHAH AND 6 Other Case No.:Civil Petition for Special Leave to Appeal No. 283 of 1964 Letters Patent JUDGMENT Reported As: 1971 SCMR 154 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-This petition for special leave to appeal is directed against a judgment of the High Court of West Pakistan passed by a Bench of two Judges under Clause 10 of the Letters Patent of the High Court, affirming an order of a learned Single Judge of that Court. The relevant facts are as follows. The petitioner who claimed to be a "displaced person" from India, was transferred a house, in that capacity, by order of the Deputy Settlement Commissioner. He had no claim as regards property abandoned in India, but on the strength of his being a "displaced person", this transfer order was made. On appeal by an interested party, however, the Additional Settlement Commis--sioner held that he was a local and was not entitled to the transfer of this property which was then transferred to Syed Jaffar Hussain Shah; who was a claimant displaced person. The petitioner failed in revision before the Settlement Commissioner and the Chief Settlement Commissioner. These orders were challenged before the High Court. It was held by the learned Judges that the question whether Syed Haider Shah was a displaced person, required investigation into question of fact, namely, whether after…

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