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Petitioner: MUHAMMAD ZAFAR VS Respondent: HAFIZA KHANUM
1988 S C M R 511
1988 S C M R 511
Present: Aslam Riaz Hussain and Saad Saood Jan, JJ
MUHAMMAD ZAFAR and another--Petitioners
versus
Mst. HAFIZA KHANUM and others--Respondents
Civil Petition No.1024 of 1980, decided on 6th December, 1987.
(From the order of the Lahore High Court in Writ Petition No.404/R-80 passed on 18-5-1980).
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--
--S.10--Constitution of Pakistan (1973), Art. 185(3)--Evacuee property--Transfer of--Composite evacuee property--Residential portion occupied by two families since 1947--Separate stair-cases for each portion--High Court's order directing that portion in occupation of respondents be transferred to them being eminently fair and just, upheld---Leave to appeal refused.
Malik Muhammad Qayyum, Advocate Supreme Court and Rana Aaqbool Ahmad Qadri, Advocate-on--Record for Petitioners.
Shujauddin Hashmi, Advocate Supreme Court for Respondents Nos.1 to 7. Nemo for the Remaining Respondents.
Date of hearing: 6th December, 1987.
JUDGMENT
SAAD SAOOD JAN, J.--The dispute between the parties in this petition for special leave to appeal relates to a part of a composite property which had two shops on the ground-floor and a residential portion on first floor. The residential portion has been in the occupation of two families since 1947. The petitioners belong to one family and respondents Nos.1 to 7 to the other. There are separate stair-cases for each portion. The petitioners are non-claimants while respondents Nos. l to 7 are local. By the order impugned in this petition the High Court has directed that the portion in the occupation of respondents Nos. l to 7 be transferred to them. After going through the record we find that the order of the High Court is eminently fair and just. In the circumstances, we decline to grant leave to appeal to the petitioners. The petition is dismissed.
M.I. /M-302/S Petition dismissed.