MUHAMMAD SHARIF vs THE SETTLEMENT AND REHABILITATION — 1970 SCMR 120

Citation: 1970 SCMR 120

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-24

Parties: MUHAMMAD SHARIF vs THE SETTLEMENT AND REHABILITATION COMMISSIONER,WEST PAKISTAN, LAHORE AND Other

Headnotes

Case cited as 1970 SCMR 120

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Dr. Sheikh Abdul Rahman Title:MUHAMMAD SHARIF vs THE SETTLEMENT AND REHABILITATION COMMISSIONER,WEST PAKISTAN, LAHORE AND Other Case No.: Civil Review Petition No. 64 of 1967Civil Review Petition No. 56 of 1967 Date of Judgment:1967-10-24 Reported As: 1970 SCMR 120 Result: Petition dismissed Judgment ORDER CORNELIUS, C. J.-Review is sought of the order of ll1i, Court dated the 30th June 1967, refusing review of the dismissal by the Court on the 2nd May 11967, -of a petition for special leave to appeal against a High Court decision. This was to the effect that the widows of one Muhammad Hussain, who had lived with him in the house in question ever since its allotment to him in 1947, and had continued to do so after his death were rightfully entitled to transfer of the whole house which had been declared an indivisible unit, as against the claim of the present petitioner, who had been occupying a small part, of the house since 1949, under an allotment order. The correctness of this view was maintained in this Court's earlier orders. Mr. S. A. Saeed seeks to challenge it on his own interpretation of the extended definition of possession provided by the Central Government's notification of the 7th March 1960, which reads as follows :- "The Central Government has decided that where a house is in the possession of the husband in pursuance of the order passed in or before the 20th day of December 1958, by a…

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