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1986 SCMR 1469

Seth WALI MUHAMMAD KHAN vs CHIEF SETTLEMENT AND REHABILITATION

Citation1986 SCMR 1469
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 867 of 1980
Date1981-08-16
Judge(s)M. S. H. Qureshi, Karam Elahi Chauhan
ResultLeave granted

ORDER

KARAM ELAHEE CHAUHAN, J.--Leave is granted to consider as to which property of which particular evacuee owner was transferred to Saith Wali Muhammad Khan son of Muhammad Ali.

Respondent herein and by process of elimination which property was left out for the reasons that the same belonged to different evacuee owners and could not be merged into the ownership of that portion which was transferred to the respondent. It is argued that unit of property in such cases was under the law to be fixed with reference to its own independent owners and not with reference to the property belonging to other of different owners. Security Rs.2,000.

2. Status quo granted on 5-8-1981 will continue subject to deposit of rent regularly up-to-date. If no deposit is made the petitioner wouldbe liable to be evicted.

3. The High Court may proceed with the L. P. A. Pending before it which has arisen from an ejectment application by respondent /landlord at the early date, so that we may have the benefit of its views.

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