Pakistan Case Lawโ† Search
1975 SCMR 271

Mst. ALLAH RAKHI vs SETTLEMEMT COMMISSIONER ETC.

Citation1975 SCMR 271
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 246 of 1974
Date1974-10-14
Judge(s)Muhammad Afzal Cheema, Muhammad Yaqub Ali Khan
ResultPetition allowed

ORDER

1. ' MUHAMMAD AFZAL CHFEMA, J,-Feeling aggrieved by the order of the Lahore High Court dated 24-1- 1974 whereby the learned Judge in Chamber dismissed the petitioner's Writ Petition No, 130/R of 1967, she has preferred this petition for special leave to appeal.

2. ' The bone of contention between the parties is basement of a composite property No, SE-33-R-7/B known as 49-Montgomery Road, Lohore, of which different portions were transferred to the parties by the Settlement and Rehabilitation Authorities. A part of the premises was earlier transferred to Mistri Abdul Majid son of Mst. Umar Bibi respondent No, 2 who being dissatisfied with the transfer of the portion in his possession unsuccessfully litigated up to the Supreme Court, his Writ Petition No, 116/R of 1962 as also his appeal before the Supreme Court having been dismissed.

3. ' It was on 29.11-71 in the course of demarcation proceedings between the petitioner and Syed Iqbal Hussain respondent No, 3 a co-transferee of the residential portion, when for the first time the basement in question was transferred by the Deputy Settlement Commissioner to Mst. Umar Bibi respondent No, 2 on the assumption that it did not constitute a part of the ground floor.

4. It is contended by the learned counsel firstly, that it was more than a decade after the original transfer order in favour of the petitioner that for the first time the basement in question was treated as a separate unit by the Settlement Authorities whose order was upheld by the High Court contrary to evidence on the record and secondly, that having already surrendered her rights in favour of her son Abdul Majid Mst. Umar Bibi respondent No, 2 could not reagitate for the transfer of the basement which already stood transferred to the petitioner.

5. ' It is argued that the findings are based on misreading of evidence which needs reappraisal.

6. ' Leave is granted to examine the above contentions. Security-Rs, 1,000. Stay shall continue.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch