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1970 SCMR 128

LT. COL. A. H. MINHAS vs GHULAM AHMAD AND Another

Citation1970 SCMR 128
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 227 of 1967 Letters Patent
Date1967-10-03
Judge(s)Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan
ResultLeave granted

ORDER

1. MUHAMMAD YAQUB ALI, J.-It is contended that on the view formed by the High Court it was proper to remand the case to the Settlement authorities for determining whether the property in dispute was an appurtenance to the main house transferred in favour of the petitioner or that it was an independent residential unit. However, the High Court itself entered upon an inquiry, as to the nature of the property which did not fall within its jurisdiction under Article 98 of the Constitution.

2. The contention raised requires consideration. We grant leave to appeal. Security for costs shall be deposited in the sum of Rs. 1,000.

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