| Citation(s) |
|---|
| 1973 SLG 198 1973 SLD 198 1973 SCMR 580 |
Supreme Court of Pakistan
Civil Review Petition No. 30 of 1972, decision dated: 21st June 1973.(On review against the judgment of this Court, dated the 15th November 1972,
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
M. S. Baqir, Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Review Petition No. 30 of 1972, decision dated: 21st June 1973.(On review against the judgment of this Court, dated the 15th November 1972,
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
M. S. Baqir, Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate-on-Record for Petitioner. Nemo for
Respondents
ABDUL HAMID~KHAN
VS
SETTLEMENT COMMISSIONER, RAWALPINDI AND OTHERS
Law:
Section:
Civil Procedure Code (V of 1908), O. XLVII, r. 1-ReviewContention that Court's order holding premises to be a single unit was erroneous in view of settlement authority's finding that premises consisted of more than one unit-Settlement authority's order, how. ever set aside by High Court in writ proceedings and premises declared to be only one unit in agreement with an earlier order of Chief Settlement Commissioner-Petition for review, held, of no ,substance and dismissed. ORDER SALAHUDDIN AHMED, J. -The learned Advocate for the petitioner has failed to place before us any ground available for review under Order XLVII, rule 1 of the Code of Civil Procedure. He has contended that this Court has erroneously held in the impugned order that the guest house constituted a single unit although the Settlement Commissioner in his order dated the 10th of March 1965, had held that the house consisted of more than one unit and one of them was in possession of the petitioner. This contention omits to take notice of the fact that the Additional Settlement Commissioner by his order dated the 10th of December 1959, had held that the guest house which is the subject-matter of dispute here constituted one residential unit and it was transferred to Captain Abdul Aziz and Mst. Hajra Bi, the former being a claimant and one of the occupants of the house. Ultimately this decision of the Additional Settlement Commissioner was maintained by the Chief Settlement Commissioner by his order…
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