SUBEDAR MAJOR AZIZ AHMAD vs Mst. SARDAR BEGUM AND 3 Other — 1971 SCMR 750

Citation: 1971 SCMR 750

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-18

Parties: SUBEDAR MAJOR AZIZ AHMAD vs Mst. SARDAR BEGUM AND 3 Other

Headnotes

Case cited as 1971 SCMR 750

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: SUBEDAR MAJOR AZIZ AHMAD vs Mst. SARDAR BEGUM AND 3 Other Case No.: Civil Appeal No. 244 of 1969 Writ Petition No. 248 of 1962 Date of Judgment:1971-05-18 Reported As: 1971 SCMR 750 Result: Appeal dismissed JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.---This appeal by special leave is directed against the judgment of the High Court of West Pakistan, Peshawar Bench, in Writ Petition No. 248 of 1962, dated the 30th October 1962. By this judgment, a Division Bench of the High Court allowed the petition with costs. The dispute between the parties is in respect of House No. 535/946-55/1691-92, Mohallah Ander Shehr, Peshawar city. The appellant was found entitled to the transfer of this house and appendix was issued to him on the 23rd November 1959, to obtain the transfer of the house on payment of Rs. 1,05,600. As he was unable to pay this amount, he entered into an agree--ment of association on the 5th January 1960, with Mst. Sardar Begum, respondent No. 1. Under the terms of the agreement, respondent No. 1's share was 70 % and the appellant's share was 30 %. The parties agreed to obtain the transfer of the said house on payment of price in proportion to their shares. The agreement of association was accepted by the Settlement Department and on the 9th May 1960, a P. T. O. Was issued to both the parties according to the above-mentioned shares. It appears that the price of…

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