KAKA AND 24 Others vs SETTLEMENT COMMISSIONER, SIALKOT AND Other — 1970 SCMR 618

Citation: 1970 SCMR 618

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KAKA AND 24 Others vs SETTLEMENT COMMISSIONER, SIALKOT AND Other

Headnotes

Case cited as 1970 SCMR 618

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: KAKA AND 24 Others vs SETTLEMENT COMMISSIONER, SIALKOT AND Other Case No.:Civil Petition for Special Leave to Appeal No. 82 of 1970 Letters Patent JUDGMENT Reported As: 1970 S CM R 618 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-The dispute in this case relates to the premises of Desraj Dinanath Rice Mills situated in Tehsil Bazar, Sialkot. The petitioners who are 25 in number and who are refugees from the State of Jammu and Kashmir claim that they have been occupying different portions of the said premises by erecting kacha hutments thereon. The said property was, however, transferred to S. Mukhtar Hussain (respondent No. 4 herein) as an unregistered factory by the Additional Settlement Commissioner by his order, dated the 21st March 1960. The petitioners filed a time-barred appeal against the transfer of the property in favour of the respondent No. 4, although they themselves had not filed any forms under Scheme No. IV, applicable to displaced persons from the State of Jammu and Kashmir. This Appeal was dismissed on the 16th April 1965 on the ground that it was hopelessly barred by time and that the petitioners themselves had not filed any forms for transfer. The petitioners then went up in revision. The revisional authority held that the premises was an unregistered factory and the petitioners who have been living in the hutments raised in the compound of the…

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