SHADI KHAN AND Another vs KHAN SAEED UD DIN KHAN, SETTLEMENT AND — 1972 PLD 262

Citation: 1972 PLD 262

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: SHADI KHAN AND Another vs KHAN SAEED UD DIN KHAN, SETTLEMENT AND JUDGMENT

Headnotes

Case cited as PLD 1972 Lahore 262

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Siddiq Title:SHADI KHAN AND Another vs KHAN SAEED UD DIN KHAN, SETTLEMENT AND JUDGMENT Reported As: PLD 1972 Lahore 262 Result: Petition dismissed Judgment JUDGMENT The dispute in this writ petition relates to house No. P/230, Street No. 5 Douglaspura, Layallpur. This house was allotted to Ali Muhammad and Hassan Muhammad, sons of Nabiz Bakhsh respondent, on 28-9-1947, N4bi Bakhsh filed C.H. Form for the transfer of the house in dispute on the basis-- of allotment and possession of his sons. The Assistant Settlement Commissioner examined the case and found Nabi Bakhsh, who was the only applicant, entitled to the transfer of this property and recommended the case to the Deputy Settle--ment Commissioner for necessary orders. The learned Deputy Settlement Commissioner vide his order dated 22-10-1959 transferred this house in favour of Nabi Bakhsh respondent. It may be mentioned here that Shadi Khan petitioner did not-- file his C.H. Form or otherwise applied for the transfer of this house at the relevant time. However, on 5-12-1959, Shadi Khan submitted his 'E' form under Scheme No. V. On 13-12-1959, the lots were drawn but Shadi Khan was not successful in the same. After being unsuccessful in getting a house of his choice-- under the Earmarking Scheme (No. V) Shadi Khan filed his belated C.H. Form on 22- 2-1960. This form was entertained by the Additional Settlement Commissioner subject to the following condition:- "If he was…

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