Ch. SHAH MUHAMMAD vs ABDUL GHAFOOR AND 2 Other — 1972 SCMR 382

Citation: 1972 SCMR 382

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Ch. SHAH MUHAMMAD vs ABDUL GHAFOOR AND 2 Other

Headnotes

Case cited as 1972 SCMR 382

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title: Ch. SHAH MUHAMMAD vs ABDUL GHAFOOR AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 149 of 1972 L. P. A. No. 207 of JUDGMENT Reported As: 1972 SCMR 382 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-In this petition, the dispute relates to the house bearing No. P-82, Block No. 1, Tandlianwala, in the district of Lyallpur, which was transferred to the respondent, Abdul Ghafoor, under the Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958). As the value of the house was below Rs. 10,000, and the petitioner, who was a local, was in occupation of a portion of it, he submitted an L. H. Form for its transfer, which was dismissed by the Deputy Settlement Commissioner, on the ground that he had not filed any declaration of eligibility, and had also failed to clear the arrears of rent. On the 27th of January 1960, the Deputy Settle-- ment Commissioner ordered the inclusion of the house in the auction pool. The petitioner filed an objection petition against it, but it was not pursued as the house had already been excluded from the auction list. Nonetheless, it appears that the house was put to auction on the 15th of October 1960, and purchased by the respondent, Abdul Ghafoor, for Rs. 24,000. The petitioner preferred a time-barred appeal against the order rejecting his claim form, alleging that he was the allottee in possession of the house…

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