Mst. ABIDA AND Another vs Haji MUHAMMAD BOOTA AND 3 Other — 1970 SCMR 78

Citation: 1970 SCMR 78

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-11

Parties: Mst. ABIDA AND Another vs Haji MUHAMMAD BOOTA AND 3 Other

Headnotes

Case cited as 1970 SCMR 78

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: Mst. ABIDA AND Another vs Haji MUHAMMAD BOOTA AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 278 of 1967 Letters Patent Appeal No. 807 of 1966 Date of Judgment:1967-10-11 Reported As: 1970 SCMR 78 Result: Leave granted Judgment ORDER FAZLE-AKBAR, J.-The dispute in this case is with respect to three storeyed building bearing Nos. F/2776 and F/2789 in Sheranwala Gate, Lahore. House No. F/2776 which was put in the earmarking list was drawn by lots in the name of Mst. Abida and a P. T. O. Was issued to her and to her associate Mst. Hamida, in 13th December 1959. On 21st February 1960, House No. F/2789 was transferred to Muhammad Yousuf and his father Haji Muhammad Boota and a P. T. O. Was issued in their favour on 28th March 1960. On 19th April 1960, Mst. Abida and Mst. Hamida filed an application that No. 2789 was also a part of House No. 2776 and it should be included in their P. T. O. The Deputy Settle--ment Commissioner accepted their petition and included No. 2789 in the P. T. O. Which had been issued to them. Yousuf and Haji Boota then filed an application before the Deputy Settlement Commissioner stating that No. 2789 being a separate property should not have been included in the P. T. O. Of Mst. Abida and Mst: Hamida. As there were two transfer orders in respect of the same property, the Deputy Settlement Commissioner after obtaining necessary sanction to…

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