Pakistan Case Law← Search
1986 SCMR 603

Hakim MUHAMMAD ISMAIL HABIB And Others vs DEPUTY SETTLEMENT

Citation1986 SCMR 603
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 387 of 1980 Writ Petition No. 14-R of 1976
Date-
Judge(s)Nasim Hasan Shah, S. A. Nusrat
ResultI.

ORDER

1. NASIM HASAN SHAH, J.--The only question involved in this case is whether the order of the Deputy Settlement Commissioner passed on remand, dated 15-11-1975 transferring the whole flat to respondent No. 2 was legal and proper?

2. The contention of Mr. Jariullah Khan, learned counsel for the petitioners, was that the Settlement Commissioner while remanding the case to the Deputy Settlement Commissioner had observed that the latter should also see if the respondent is simply entitled to a portion of the flat or the whole of it and if he found that he was entitled only to a portion of it, the rest may be left with the petitioners herein; however, the Deputy Settlement Commissioner did not give any consideration to this aspect of the matter. Hence, his order was not proper.

3. We have perused the impugned order of the Deputy Settlement Commissioner and find that this criticism is not justified. The learned Deputy Settlement Commissioner, in his order, has clearly stated that the flat is "self-contained and is stated not to be divisible". It is only after recording this finding that he proceeded to transfer the whole oft the flat in favour of respondent No. 2.

4. No ground for interference is made out.

5. This petition is dismissed revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search