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Petitioner: Mst. REHMAT BIBI And Others VS Respondent: MUHAMMAD ALI And Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Shakurul Salam, Rustam S. Sidhwa Title: Mst. REHMAT BIBI And Others vs MUHAMMAD ALI And Other Case No.:Civil Petition for Special Leave to Appeal No. 855 of 1987 W.P. No. 107-R of
1986 Date of Judgment:1990-01-31 Reported As: 1991 SCMR 367 Result: Petition dismissed Judgment ORDER RUSTAM S. SIDHWA, J.---This is a petition filed by Mst. Rehmat Bibi and other petitioners, seeking leave to appeal against the judgment of the Lahore High Court dated 19-9-1987. , 2. The petitioner, who alleges to be the occupant of the first floor of the disputed house, claims the said portion as residual property against Muhammad Ali respondent, who had been transferred the whole house by the Deputy Administrator (R.P.) under his order dated 26-8-1984 on the basis of his possession. The petitioner did not formerly apply for the transfer of the property in her name on the basis that she was in possession. Rather, she challenged the transfer made in favour of respondent No.1 on the ground that the property could not be treated as evacuee property as it had not been treated as such prior to 1--1-1957. Since the petitioner did not formerly apply for the transfer of the property which was in her possession, in her name, her claim was rightly rejected. There being no merit in this petition, the same is dismissed.