ABDUL HAMID KHAN vs SETTLEMENT COMMISSIONER, RAWALPINDI DIVISION — 1972 SCMR 525

Citation: 1972 SCMR 525

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL HAMID KHAN vs SETTLEMENT COMMISSIONER, RAWALPINDI DIVISION JUDGMENT

Headnotes

Case cited as 1972 SCMR 525

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title:ABDUL HAMID KHAN vs SETTLEMENT COMMISSIONER, RAWALPINDI DIVISION JUDGMENT Reported As: 1972 SCMR 525 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-The disputed property is a guest house, and it has been treated as one unit. The Additional Settlement Commissioner, after spot inspection, held that the property in question has divisible into two independent residential portions, namely, the main house and the guest house. Respon--dent Dr. Begum Usmani was a claimant and she was found in authorised possession of a half portion of the main house from a date prior to the date of possession of Mst. Hajra Bi who was found to be in unauthorised possession of the other half of the main house. The main house was, accordingly, transferred to respondent Dr. Begum Usmani. As regards the guest house, although several persons were in occupation of it, respondent Captain Abdul Aziz was the only occupant who was a claimant. The others were all locals. Captain Abdul Aziz offered and agreed to a joint transfer of the guest house along with the said Mst. Hajra Bi, who was a claimant in possession of a half of the main house. The Additional Settlement Commissioner, by his order, dated the 10th December 1959, passed in appeal, accepted their joint request and ordered transfer of the guest house to them jointly in equal shares. Three revision petitions filed from this order of the…

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