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1991 SCMR 367

Mst. REHMAT BIBI And Others vs MUHAMMAD ALI And Other

Citation1991 SCMR 367
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 855 of 1987 W.P. No. 107-R of
Date1990-01-31
Judge(s)Abdul Shakurul Salam, Rustam S. Sidhwa
ResultPetition dismissed

ORDER

RUSTAM S. SIDHWA, J.---This is a petition filed by Mst. Rehmat Bibi and other petitioners, seeking leave to appeal against the judgment of the Lahore High Court dated 19-9-1987. ,

2. The petitioner, who alleges to be the occupant of the first floor of the disputed house, claims the said portion as residual property against Muhammad Ali respondent, who had been transferred the whole house by the Deputy Administrator (R.P.) under his order dated 26-8-1984 on the basis of his possession. The petitioner did not formerly apply for the transfer of the property in her name on the basis that she was in possession. Rather, she challenged the transfer made in favour of respondent No.1 on the ground that the property could not be treated as evacuee property as it had not been treated as such prior to 1--1-1957. Since the petitioner did not formerly apply for the transfer of the property which was in her possession, in her name, her claim was rightly rejected.

There being no merit in this petition, the same is dismissed.

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