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1987 SCMR 1425

Mst. AKHTAR BIBI And Others vs MANSOOR AHMAD MALIK And Other

Citation1987 SCMR 1425
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 837 of 1986 Petition No. 1647/R of 1976
Date1987-06-03
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultPetition dismissed

ORDER

1. SAAD SAOOD JAN, J.--The dispute in this petition relates to a house situate in Krishan Nagar, Lahore. It has been transferred by the settlement authorities to respondents Nos.2 and 3 in preference to Habibullah, predecessor-in-interest of the petitioners. There are findings of the settlement authorities that the house was indivisible and that the possession of respondents Nos.2 and 3 was prior in point of time to that of Habibullah. It may be mentioned that respondents Nos.2 and 3 as well as Habibullah were claimants. The High Court in writ jurisdiction has found no infirmity in the above-noted findings of the settlement authorities; that being so, its refusal to interfere with the transfer made in favour of respondents Nos.2 and 3 was only proper. This petition is without any merit and is hereby dismissed.

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