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Petitioner: HAKIMUDDIN VS Respondent: ARSHAD MAHMOOD AND Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Gul, Muhammad Yaqub Ali Khan Title: HAKIMUDDIN vs ARSHAD MAHMOOD AND Other Case No.:Constitution Petition No. 188 of 1969 Civil Petition for Special Leave to
Appeal No. 158 of 1973 Date of Judgment:1974-02-14 Reported As: 1976 SCMR 514 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner was in occupation of tenement No. G/1, Jiwan Street, Ramsawami, Karachi and the same was transferred to him by the Settlement authorities. He later on got the adjoining tenements Nos. G/2 and G/3 also included in his Provisional Transfer Order. Both the tenements which constituted a separate 'House' were eventually excluded from the transfer in favour of the petitioner and directed to be sold by public auction. Instead of sale by public auction tenements G/1 and G/2 were ultimately transferred to respondent No. 2 on a Choice Certificate. He had successfully drawn a House under earmarking scheme but the House was found to be no available for transfer. The petitioner contended the transfer in favour of respondent No. 2 and claimed to have purchased tenements Nos. G/1 G/2 in a public auction. The claim was not supported by departmental Record. Neither public notice of auction, nor the bid sheet, nor confirmation of sale of G/1 and G/2 in favour of the petitioner were forthcoming. Rio P. T. O. Or P. T. D. Were issued on the basis of the alleged sale by auction in favour of the petitioner. He did not possess even a receipt showing payment of the sale price. On the contrary a P. T. O. And P. T. D. Of G/l and G/2 were issued' in' the name of respondent No. 2 and he has paid the evaluation price of both the tenements. In the circumstances the High Court has ruled out the claim of the petitioner and we fully agree with the view. The petition for special leave to appeal is dismissed.