SHOUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI — 1972 PLD 94

Citation: 1972 PLD 94

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: SHOUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 94

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider, Noorul Arfin Title:SHOUKAT ALI KHAN AND Another vs SETTLEMENT COMMISSIONER, KARACHI JUDGMENT Reported As: PLD 1972 Karachi 94 Result: Appeals dismissed Judgment JUDGMENT NOORUL ARFIN, J.--This judgment will decide Letters Patent Appeals No. 48 of 1966 and No. 53 of 1966, as both arise from a common judgment given by a learned Single Judge of the High Court on 14-12-1965 in Constitutional Petition No. 400 of 1963. The dispute in both the appeals relates to a building situated on plot bearing No. 113, Depot Lines, Cantonment, Karachi. Another building on the same plot, known as "Alice Building", had already been transferred in earmarking to Abdul Hakeem whose legal representatives are parties before us. However, the transfer to Abdul Hakeem is not under challenge, and we, therefore, need not concern ourselves with this transfer. The contest is between one Shaukat Ali and another person, Abdul Mateen, and relates, as we have said, to the other building on the aforesaid plot. Shaukat Ali, the appellant in L. P. A. No. 53 of 1966, was, at relevant times, in possession of part of an outhouse on the aforesaid plot and as such he applied, though belatedly and with the sanction of the Additional Settlement Commissioner, for transfer of the building in dispute. His application was made on 31-5-1966 in CH Form. On 6-8-1966 his claim for transfer was accepted and a Provisional Transfer Order for the whole building in dispute was…

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