| Citation(s) |
|---|
| 1976 SLG 320 1976 SLD 320 1976 SCMR 383 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal N 76-R of 1975 decided on 26th November 1975
SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Ahmad Pirzada, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Aslam for
Respondents
Civil Petition for Special Leave to Appeal N 76-R of 1975 decided on 26th November 1975
SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Ahmad Pirzada, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Aslam for
Respondents
Mst. IQBAL BEGUM
VS
Mst. HAJIRA BEGUM AND ANOTHER
Law:
Section:
West Pakistan Urban Rest Restriction Ordinance (VI of 1959)--- ---S. 13 read with Cavil Procedure Code (V of 1908), O XXXIX r. 1 and Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 34-Contention that petitioner having all along continued in possession of disputed house and ejectment order having bees passed only against her son, petitioner not bound by order and entitled to protection under S. 34--Petitioner's claim to allotment of how successively failing in appeal revision and writ petitions and such orders gaining finality--Contention never raised before Rent Controller--Son having lived in same house with petitions: not likely for her to be ignorant of ejectment proceedings against her son--Order of High Court also showing bar not to be it possession of house----Courts below, held, right in refusing to VVAI temporary injunction to petitioner against ejectment order [Injunction]. ORDER SALAHUDDIN AHMAD, J.-The is petitioner claim that the house in question had been in possession of her husband Mir Ghulam Rasool who sins an allottee and who died in the year 1953. After the commencement of the Settlement Operations she obtained transfer of the house upon her C. P. Form. It appears that the respondents who are also claimants had earlier filed C. H. Form for transfer of the same house, and it was transferred to them in tae year 1959. Since then first a Provisional Transfer Order and then a Permanent Transfer Deed were issued to the respondents. It may be stated here that as a result of the order of the High Court dated the 17th of April, 1972, passed in Writ Petition Nos. 407/R, 693/R, 695/R and 762/R of 1965 mad 184/R of 1968 the house in dispute finally stood transferred to the respondents. The respondents filed an ejectment application against Mir Ghulam Rabbani who appeared to have secured possession of the house on the death of his father Mir Ghulam Rasul. An order for ejectment was passed on the 27th of July, 1964, and no further proceedings having been taken from this order, it became final. The petitioner thereafter filed a belated revision before the Settlement Commissioner from the order of transfer made in favour of the…
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