Case Details

Citation(s)
1975 SLG 341 1975 SLD 341 1975 SCMR 514
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 95-R of 1975, decision dated: 22nd May 1975.(On appeal from the judgment and order of the Lahore High Court, Lahore dated the 22nd May 1975, in Writ Petition No. 311/R of 1971)
MUHAMMAD YAQUB ALI AND MUHAMMAD AFZAL CHEEMA, J
Syed Riaz Ahmad Pirzada, Advocate Supreme Court instructed by Muhammad Hanif Sheikh, Advocate-on-Record for Petitioner. Nemo for
Respondents.

AMIR ABDULLAH KHAN

VS

THE SETTLEMENT AND REHABILITATION DEPARTMENT AND ANOTHER

Law:

Section:

Settlement Scheme No. VII---- [As revised]--Conflicting orders passed by two different Settlement Commissioners in respect of entitlement to disputed house-Enquiry vis-a-vis occupation of house ordered by last Settlement Commis­sioner but petitioner nest, impleaded in proceedings--No previous order being in field and matter to be decided afresh to determine eligibility of respondent, ends of justice, held, to be met by examination of petitioner's claim alongwith that of respondent--Directions issued accordingly. ORDER MUHAMMAD AFZAL CHEEMA, J.-The dispute in this case relates to the transfer of a house under Settlement Scheme No. VII as revised. Besides Amir Abdullah Khan petitioner and Abdul Hamid respondent No. 2, there was also third applicant Musarrat Ali Khan, It is not, however, necessary to go into the background of the litigation, suffice it to say that two con­flicting revisional orders were passed within a fortnight's time by two different Settlement Commissioners in respect of the disputed house. Vide order, dated 25-7-1968, Mr. Mahmood Ahmad Sufi dismissed the petitioner's revision petition and upheld the order of the Additional Commissioner whereby the house in question…
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