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Citation: 1987 CLC 2018
Court: Lahore High Court
Year: 1969
Decision Date: 1969-03-12
Parties: MUHAMMAD SADIQ vs KHAN MUHAMMAD AFZAL and others
Case cited as 1987 CLC 2018
Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Sheikh Anwarul Haq Title: MUHAMMAD SADIQ vs KHAN MUHAMMAD AFZAL and others Case No.: Letters Patent Appeal No.334 of 1964 Date of Judgment:1969-03-12 Reported As: 1987 CLC 2018 Result: Appeal allowed JUDGMENT JUDGMENT ' S.ANWARUL HAQ, J.--This appeal under the Letters Patent calls in question an order made by Mr. Justice S.A. Mahmood on the 27th of June 1963 partly accepting a petition filed under Article 98 of the Constitution by the respondent No.1 Kh. Muhammad Afzal in respect of the transfer of a shop comprised in property bearing No.S-64-R/161 situate in New Anarkali, Lahore. It appears that the property consists of two shops and a residential portion on the top. The present appellant's son Muhammad Yunas claimed to be the allottee of the shop now in dispute, and on the basis of that allotment the appellant Muhammad Sadiq submitted a C.S. Form for the transfer of the shop, whereas the respondent No.1 Kh. Muhammad Afzal submitted a C.S. Form for the transfer of the entire property on the basis of his possession of the other shop and the residential portion. The learned Deputy Settlement Commissioner by his order dated the 1st of December, 1959 transferred the entire property to respondent No.l. Thereupon the present appellant's son Muhammad Yunas filed an appeal which was accepted by the learned Additional Settlement Commissioner by his order dated the 4th of June, 1960 and the shop in dispute was transferred to…
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