Case Details

Citation(s)
1974 SLG 132 1974 SLD 132 1974 SCMR 149
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal4No. K-120 of 1973, decision dated: 10th September 1973. (On appeal from the judgment and order of the High Court of Sind & Baluchistan, made on the 21st of May 1973 in Petition No. 531 of 1966)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Nemo for
Respondents.

S. M. SADIQ

VS

SETTLEMENT COMMISSIONER AND OTHERS

Law:

Section:

Limitation-Petition for Special Leave to Appeal-Limitation-Delay-Con­donation prayed for by counsel making frank admission that mistake was due to his wrong impression that during long vacation of Supreme Court time would not run-Delay condoned in view of frank concession made by counsel--Supreme Court Rules, 1956, O. XIII, r. 1. ORDER HAMOODUR RAHMAN, C. J.-This petition is barred by 13 days, but, the learned counsel appearing in support of the petition, frankly concedes that the mistake was his, as he was under the impression that during the long vacation of the Supreme Court the time would not run. In view of his frank concession, we condone the delay and deal with the petition on merits. The petition arises out of an order of a learned Single Judge of the Sind & Baluchistan High Court dismissing a writ petition filed to challenge an order of the Settlement authorities treating an evacuee building, known as 'Sikka' Building, situated in Plot No. J. M. 2/330, Moti Lal Nehru Road, Karachi, as divisible into three parts, allotting each to the three occupants thereof, viz., the petitioner, the respondents Nos. 4 to 7, and the third portion to respondents Nos. 8 to 13. The petitioner is a non-claimant displaced person but he claims to have been occupying the whole bungalow exclusively. It appears, however, that immediately after partition the whole bungalow was allotted to one Abu Zafar, the husband of the sister of petitioner's wife. Even prior to partition, this bungalow consisted of three separate residential units which were occupied by three different persons who were separately assessed to municipal tax. When the house was inspected by the Deputy Settlement Commissioner and the Additional Settlement Commissioner in May, 1x63, they found the son of Abu Zafar, the original allottee, to be in occupation of the whole of the ground floor while a portion of the first floor was in occupation of one Abdul Rashid Siddiqui, the predecessor-in-­interest of respondents Nos. 8 to 13, and the remaining portion of the first floor in possession of the petitioner. All the three, viz., the petitioner, Abdul Rashid Siddiqui, and Abu Zafar, filed N CH forms for the…
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