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1990 SCMR 940

SHAH MUHAMMAD and others vs MUHAMMAD ANWAR KHALID and others

Citation1990 SCMR 940
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 371 and 372 of 1986
Date1990-01-14
Judge(s)Abdul Shakurul Salam, Saad Saood Jan
ResultLeave granted

ORDER

' ABDUL SHAKURUL SALAM, J.---CPLAs Nos. 371 and 372 of 1986 are taken up together.

2. Order of the Settlement Commissioner, Sargodha camp Sialkot dated 28-5-1974 remanding the case to the Deputy Settlement Commissioner to inspect the spot personally and see if the property had not been transferred to any other person and was in possession of the revision petitioners, then to transfer on their KNCH form, was challenged in two writ petitions. One was allowed and case remanded to the Notified Officer for fresh decision of the appeal of the then respondents, the petitioners in the first petition and the other dismissed for laches.

3. The question involved is whether the properties in possession of the petitioners were part of the premises of DRT Metal Works Abbot Road, Sialkot transferred to the respondent No, 1 to whom PTD had been issued. If not whether the petitioners were not entitled to transfer on their KNCH forms.

4. The contention of the learned counsel for the petitioners is that the order of remand by the Settlement Commissioner dated 28-5-1974 requiring spot inspection and enquiry as to whether the property already stood transferred or not was fair and just and should have been allowed to have its way to determine the rights of all the parties to the controversy.

5. Contention raised requires consideration. Leave is granted subject to furnishing security of Rs, 500 in each petition. Status quo shall continue. 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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