| Citation(s) |
|---|
| 2017 SLG 1544 2017 SLD 1544 2017 SCMR 468 |
Supreme Court of Pakistan
Civil Appeal No. 514 of 2008, Dated: 01-10-2014
MIAN SAQIB NISAR, JUSTICE, SARMAD, JALAL OSMANY, JUSTICE
Civil Appeal No. 514 of 2008, Dated: 01-10-2014
MIAN SAQIB NISAR, JUSTICE, SARMAD, JALAL OSMANY, JUSTICE
NASIR FAHIMUDDIN AND OTHERSVSCHARLES PHILIPS MILLS AND OTHERS
Law:
Section:
THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, JUSTICE:---.--- This appeal with leave of the Court dated 13.5.2008 entails the following facts:- property bearing No. S-XX25-S-22, Canal Park, Lahore measuring 02 kanals 01 marla (suit property) admittedly was owned in the year 1940 by Katherine Helen Patinger. According to the respondents (respondent No. 1 is her son, hereafter referred to as the respondent) she remained the owner throughout, while the appellants avow that the lady sold the suit property to Dr. Dewan Chand in 1940 and that on the partition of sub-continent the property was treated as an evacuee property. The appellants claimed that being displaced person from India they occupied the said property after the partition, and on account of such occupation, and the property being an evacuee property, they moved to the Settlement Department for the transfer thereof. As the property had two portions, and two occupants, one (portion) was transferred to Mufti Nasir Fahimuddin (the predecessor-in-interest of appellants Nos. 1 to 11) while the other was transferred to Muhammad Akhtar Mohsin (the predecessor-in-interest of appellants Nos. 12 to 16). The PTDs of the said property were issued to the two above named on 1.2.1962 and 27.3.1965 (Ex.P7 and Ex.P8) respectively; and throughout the appellants have been in occupation of the said property. Further relevant facts of the case are:- that after the death of Katherine Helen Patinger on 19.12.1978, her son Charles Philips Mills, the respondent filed a suit against his father (the husband of the above-named Lady) on 3.4.1979, as also impleading the public at large, averring that his father has abandoned and relinquished his right of inheritance in the said property in his favour and thus he now is the exclusive owner thereof. The father appeared in the matter, conceded to the suit of the respondent and, therefore, a consent decree dated 10.6.1979,was passed in favour of the respondent and against the father. It may be pertinent to mention here that the respondent, thereafter sold the property to Muhammad Akram (the predecessor-in-interest of other respondents) for a consideration of Rs. 1,00,000/- (rupees oneβ¦