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Petitioner: MUHAMMAD SHAFI ETC. VS Respondent: SADIQ SAEED KHAN Etc.S
Court Name: Supreme Court of Pakistan Judge(s): Sheikh Anwarul Haq, Muhammad Afzal Zullah Title: MUHAMMAD SHAFI ETC. vs SADIQ SAEED KHAN Etc.S Case No.: Civil Appeal No. 180 and Civil Petition No. 149-R of 1980 W. P. No. 437 of 1977 Date of Judgment:1980-11-28 Reported As: 1982 SCMR 199(1) Result: Order accordingly
Judgment ORDER ANWARUL HAQ, C. J.-After bearing the learned counsel for the parties we have decided to convert this petition into an appeal, and disposed of in terms of the settlement reached between the parties to the following effect. (a) The permanent transfer deed issued by the Settlement authorities in favour of the petitioners, namely, Muhammad Shafi and his brothers Shabir Ahmad, Bashir Ahmad, Abdur Rashid and Ibne Hassan, in respect of the house Bearing No. 2848-49 (Old No. 274-75), shall remain intact subject to the modification that the petitioners shall have no right, interest or title whatsoever in the land on which the evacuee superstructure stands; that their rights and liabilities in regard to the superstructure of the house shall be the same as obtained in favour of the non-Muslim evacuees, with the result that the legal representatives of Qalandar Khan would be entitled to ask for vacant possession of the site in accordance with law, if they have any such right; (b) The Intra-Court Appeal filed by the petitioners in the Peshawar High Court stands withdrawn; and (c) The parties will bear their own costs.