ABDUL RAHMAN vs KHUDA BAKHSH AND 2 Other — 1972 SCMR 403

Citation: 1972 SCMR 403

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL RAHMAN vs KHUDA BAKHSH AND 2 Other

Headnotes

Case cited as 1972 SCMR 403

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title: ABDUL RAHMAN vs KHUDA BAKHSH AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 186 \of 1972 Writ Petition No. JUDGMENT Reported As: 1972 SCMR 403 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J, --The dispute in this -case relates to an evacuee shop situated at Landa Bazar. The, petitioner claims to be in possession thereof from before Partition ; but since he was a local, the Deputy Settlement Commissioner, on 'the 24th of February 1959, ordered its disposal through auction. The auction was held on the 6th of August 1965, and the respondent No., 1 was declared the successful bidder, He duly paid 1/4th of the price in cash at r the conclusion of the auction and the auction was confirmed in his favour on the 16th of July 1566. Before this date, the sail respondent entered into an agree--ment of association with another claimant and submitted the latter's compensation book on 27-6-66 for adjustment against the price. Thereafter, on the 13th of September 1966, a notification was issued bearing No. 5311-P.I/66 entitling locals also to claim transference of shops in their occupation. The petitioner there--upon filed a L. S. Form on the 29th of October 1966, under Scheme No. VIII and also prayed for the cancellation of 'the auction on the ground that the respondent No. 1 had defaulted in making payment of the transfer price in accordance with the pro.…

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