Law:

Section:

(a) Supreme Court Rules, 1956- -- O. XVI, r. 17-Appea), abatement of-Original appellant dying but application under O. XVI, r. 17 not made by deceased's legal representative within 90 days-Appeal, held, abated.-[Abatement]. (b) Civil Procedure Code (V of 1908)- -- O. I, rr. 1 & 3 -Joinder of parties -Maternal grand-daughter of deceased-An heir of deceased-Impleading of such person even though as respondent-Necessary and could not be avoided on basis of will of grandfather having been in favour of plaintiff alone. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- --- S. 2(4) & Sched.--Mode of division of evacuee property-Matter eminently within domain of statutory functionaries--Superior Courts interfere only when power of division exercised not in a judicious manner. Altaf Hussain v. Shabbir Hussain P L D 1961 Lah. 449 Mohammad Khalil v.Jamaluddin P L D 1965 Lah. 602 ; Karam Din v. Settlement and Rehabilitation Commissioner P L D 1970 Lah. 766 and Muhammad 1qbal Khan v. Chief Settlement Commissioner P L D 1965 S C 401 ref. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- S, 2(4) & Sched.-Horizontal division of house-An approved process although depriving one party of use of roof and structure built thereon. JUDGMENT ANWARUL HAQ, J.-This appeal by the leave of the Court is directed against the judgment of a Division Bench of the Erstwhile High Court of West Pakistan at Lahore, dated the 10th of February 1966, whereby an appeal filed by the predecessor of the present appellants under clause (10) of the Letters Patent was dismissed. The dispute in this case relates to the transfer of are evacuee house situate in Okara town of the Sahiwal district. At the commencement of the Settlement operations under the provision of the Displaced Persons (Compensation rind Rehabilitation) Act, 1958 the house was in possession of Sheikh Shabbir Hussain, predecessor-in-interest of the present appellants and the respondent Abdul Raoof, botra being claimants as well as alottees. The allotment in favour of Shabbir Hussain was made on 27-11-47 in respect of the entire house, but a portion was later allotted on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492