Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT — 1969 SCMR 112

Citation: 1969 SCMR 112

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-03

Parties: Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT

Headnotes

Case cited as 1969 SCMR 112

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: Malik GHULAM HUSSAIN vs Haji MUHAMMAD HAYAT Case No.: Civil Appeal No, 264 of 1969 Date of Judgment:1971-06-03 Reported As: PLD 1971 Supreme Court 573 Result: Appeal accepted JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.--This appeal by special leave is directed against the judgment of the High Court of West Pakistan, Lahore, in S. A. O. No, 34 of 1966, dated the 9th June 19j7. By this judgment, a learned Single Judge of the High Court partly accepted the appeal of the respondent. The dispute between the parties is in respect of a plot of land bearing No, 4333, situated in Sabzi Maudi, Gujrat. This plot was taken on lease by the respondent from Mst. Hakam for a period of 10 years, ending 6th February 1953. It was, later on, allotted by the Rehabilitation Commissioner (General), to the appellant and one Aildur Rauf, jointly. The Rehabilitation authorities directed the respondent to pay a sum of its. 40 p.m. in lieu of his share in the allotment. After the Settlement operation, the house in dispute was put to auction and it was purchased by the appellant Malik Ghulam Hussain in public auction, P. T. 0. was issued to him on the 22nd November 1960. On the 9th January 1961, the appellant sent a registered acknowledgement due notice to the respondent informing him about the transfer of the plot in his favour and demanded from him the arrears of rent due at the rate of Rs,…

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