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1989 SCMR 1233

Mst. SARDAR BEGUM vs Mst. MARYAM HAMEED and others

Citation1989 SCMR 1233
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1375 of 1983
Date1989-02-27
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave granted

ORDER

1. ' GHULAM MUJADDID, J.--Mst. Sardar Begum widow of Muhammad Din, resident of House No,2/1394, Mohallah Wazirpura, Sialkot, has filed this petition for leave to appeal against the judgment of the Lahore High Court dated 1-10-83 passed in the Constitution petition whereby her claim for the transfer of residential House No,2/1394 was turned down.

2. ' Learned counsel for the petitioner in order to prove the entitlement of the petitioner drew our attention to the report of the Deputy Settlement Commissioner which is to the following effect:- "The house was previously auctioned in favour of one late Abdul Hamid. The High Court has remanded the case with the direction that if on due enquiry it is found that the persons in occupation of the house are refugees from J & K the auction will have to be ignored being bad ab initio. On the enquiry it has been found that the occupants are refugees from J & K State and are entitled to the transfer of the house..."

3. ' It was submitted that this aspect of the case was not properly appreciated A by the Lahore High Court.

4. ' We think it is a fit case far leave to appeal. Leave is accordingly granted. Security Rs, 2,000.

5. ' The appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months. 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.

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