MUHAMMAD DIN AND Another vs Ch. FAZAL KARIM AND Another — 1971 SCMR 382

Citation: 1971 SCMR 382

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-21

Parties: MUHAMMAD DIN AND Another vs Ch. FAZAL KARIM AND Another

Headnotes

Case cited as 1971 SCMR 382

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD DIN AND Another vs Ch. FAZAL KARIM AND Another Case No.: Civil Appeal No. 175 of 1969 Letters Patent Appeal No. 232 of 1963 Date of Judgment:1971-01-21 Reported As: 1971 SCMR 382 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.--This appeal relating to the transfer of house No. SW. IV. 68. S. 12, Shamnagar, Lahore, under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, hereinafter referred to as the Act has a chequered history. The major portion of the house was in the possession of Ch. Fazal Karim, respondent No. 1, a local, while the garage situated in the house and the gallary over it were in the possession of Khushi Muhammad son of Muhammad Din, appellant. In the 1st instance the Deputy Settlement Commissioner transferred to Khushi Muhammad and the respondent No. 1, the portions in their respective possession, but this order was suo motu revised by It.-Col. J. D. Malik, Additional Settlement Commissioner, and he cancelled the transfer order issued in favour of respondent No. 1. Being aggrieved by the order the respondent No. 1, filed a revision petition before the Settlement and Rehabilitation Commissioner who dismissed it wherefrom he filed a second revision petition before the Chief Settlement and Rehabilitation Commissioner. The petition was accepted by Malik Fateh Khan, Chief Settlement Commissioner, on the…

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