M. Y. KHAN vs M. M. ASLAM AND Other — 1972 SCMR 317

Citation: 1972 SCMR 317

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: M. Y. KHAN vs M. M. ASLAM AND Other

Headnotes

Case cited as 1972 SCMR 317

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: M. Y. KHAN vs M. M. ASLAM AND Other Case No.: L. P. A. No. 146 of 1970 Date of Judgment:- Reported As: 1972 SCMR 317 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C J.--The dispute in these cases relates to House No. 15, Fazal Elahi Street, Ichhra, Lahore. This was transferred to the respondent, M. M. Aslam, by the Deputy Settlement Commissioner on the 11th November 1959 on his N: C. H. Form, but on the 14th of October 1961 the present petitioner lodged an information with the Enforcement Directorate alleging that the said respondent bad obtained the transfer of the house by practising fraud on the Settlement Department, that is to say, by falsely holding himself out to be a Government servant. After investigation, the case was referred to the Chief Settlement Commissioner who directed the isstl4nce of a show-cause notice and entrusted the case to the Settlement Commissioner (Policy) for disposal. It was alleged before him that Aslam was not even a displaced person, but he came to the conclusion that he was a displaced person, although his other family members originally belonged to Pind Dadan Khan in Jhelum District. He also found that the allotment of the house had been obtained on the 1st of June 1955, in the name of the said respondent by making a material misrepresentation that he was a Government servant. The transfer was accordingly cancelled and the house was directed to be transferred to the…

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