| Citation(s) |
|---|
| 1976 SLG 297 1976 SLD 297 1976 SCMR 356 |
Supreme Court of Pakistan
Civil Appeal No. 155 of 1970, decision dated: 19th January 1976
SALAHUDDIN AHMED MUHAMMAD AFZAL CHEEMA, MUHAMMAD AKRAM AND DORAB PATEL, JJ
FazliAzam Hamdani Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record (absent) for Appellant S. Masood, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for
Respondent.
Respondents Nos. 23 . Ex paste
Civil Appeal No. 155 of 1970, decision dated: 19th January 1976
SALAHUDDIN AHMED MUHAMMAD AFZAL CHEEMA, MUHAMMAD AKRAM AND DORAB PATEL, JJ
FazliAzam Hamdani Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record (absent) for Appellant S. Masood, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for
Respondent.
Respondents Nos. 23 . Ex paste
GHULAM MOHYUDDIN
VS
MANZOOR ELAHI AND OTHERS
Law:
Section:
Displaced Person (Compensation and Rehabilitation) Act (XXVIII of 1958)-- -- Sched, Part II-Transfer of shop-Appellant claiming to be allottee of shop and as having paid rent therefore-Nothing on record however, bearing out such claim to be proved-Appellant for first time in High Court seeking to produce two receipts in support of his claim to payment of rent but such permission refused-Appellant's counsel seeking to refer such receipts again in Supreme Court although such receipts not on file-Reference also sought to some other documents never placed before Settlement authorities or High Court--Questions raised being questions of fact and being decided on proper appreciation of evidence, findings of Settlement authorities, held, rightly not interfered with by High Courts. JUDGMENT SALAHUDDIN AHMED J.-This appeal by special leave of this Court is from an order of a Division Bench of the then High Court of West ; Pakistan, Lahore, dismissing the appellant's letters patent appeal. The dispute between the parties is over shop No. 298, Chowk Banni, Rawalpindi. The appellant said that he was a displaced person from Jammu and Kashmir. He claimed that he had been in possession of the shop and had filed K N C S Form for its transfer. Nevertheless, lie complained, the shop was put up to auction on the 28th of February 1965, under the order of the Deputy Settlement Commissioner, and it was purchased by respondent Manzoor Elahi. In the appeal filed by the appellant the Additional Settlement Commissioner had personally checked the register and found that entry regarding the submission of a form by the appellant was an interpolation. Later on in revision the Settlement Commissioner maintained this finding of the Additional Settlement Commissioner. The Settlement Commissioner further found that the appellant was never in possession of the shop. In support of this finding the…
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