Mst. NOOR BIBI vs SETTLEMENT COMMISSIONER, KARACHI AND ANOTHER — 1971 PLD 895

Citation: 1971 PLD 895

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-17

Parties: Mst. NOOR BIBI vs SETTLEMENT COMMISSIONER, KARACHI AND ANOTHER

Headnotes

Case cited as PLD 1971 Karachi 895

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: Mst. NOOR BIBI vs SETTLEMENT COMMISSIONER, KARACHI AND ANOTHER Case No.: Petition No, 501 of 1965 Date of Judgment:1971-06-17 Reported As: PLD 1971 Karachi 895 Result: Petition dismissed JUDGMENT JUDGMENT This constitutional petition relates to an evacuee house in Nawabshah bearing No, I.A.-543/547. The petitioner is a widow and had been an allottee of this house, therefore, after his death she had filed an N.C.H. Form for it and in due course a P. T. 0. for the said house was issued in her favour in November 1959. The second respondent was her servant and on compassionate grounds was allowed to occupy a portion of it. Taking advantage of the licence given to him to reside in a part of the house he filed an N.C.H. Form which was allowed by a Deputy Settlement Commissioner, Nawabshah. However, the case was re-opened and the transfer in the second respondent's favour was cancelled by an order of the Deputy Settlement Commissioner dated 14-11-1962. The second respondent then took steps to challenge this order of the Deputy Settlement Commissioner cancelling the transfer in favour, but it is sufficient to state that all proceedings instituted by him were dismissed. Then in 1964 the petitioner filed an eviction application against him under the West Pakistan Urban Rent Restriction Ordinance, and in order to harass the petitioner he filed a miscellaneous application before the Deputy Settlement Commissioner alleging…

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