Case Details

Citation(s)
1977 SLG 205 1977 SLD 205 1977 SCMR 472
Supreme Court of Pakistan
Civil Appeal No. 73 of 1971, decision dated: 30th March 1977
T MUHAMMAD YAQUB ALI, C.J, QAISAR KHAN AND MUHAMMAD HALEEM, JJ
M. S. Mahboob. Advocate Supreme Court Instructed by Wajid Hussain, Advocate-on-Record (absent) for Appellant
Respondent No. 1 . Ex parte. Iftikhar-ud-Din Ahmad, Advocate-on-Record (absent) for
Respondent

Mst. GHAFOORAN

VS

MUHAMMAD BASHIR and OTHERS

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- Sched. I---Transfer of house-Demarcation---Photograph showing demarcation of portions transferred by Settlement Commissioner to contending parties not bearing signatures of the Settlement Commis­sioner, hence, not a genuine document-More appropriate in circum­stance to go by text of order and not by lines drawn on photograph Text of order revealing intention to transfer only one room to appel­lant of house possessed by her-Conclusion of lower Court, held, unexceptionable. JUDGEMENT MUHAMMAD HALEEM, J.-This appeal is by special leave against the judgment dated 19-12-1968 of a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat by which Letters Pa t App 1 No. 514 of 1963 was dismissed. The dispute relates to the transfer of House No. 291/5 in Mandi Bahauddin, District Gujrat. The appellant's husband was in occupation of a room in the house since 3-12-1954 while the rest of the house was in possession of the first respondent since 24-12-1947. It appears that this house was transferred to the first respondent and House No. 290 in the same Ward was transferred to the appellant. A dispute arose as to the scope of the transfer in favour of the appellant. The first respondent contended teat it related to the transfer of the room of House No. 291 of which she was in occupation which was denied by the appellant. As she claimed to be the transferee of House No. 290. The appellant challenged the order of transfer dated 7-1-1960 in favour of the first respondent before the Additional Settlement and Rehabilitation Commissioner, Sargodba Region, Sargodha who by order dated 6-2-1960 held that the house was fit for the residence of one family only and maintained its transfer in favour of the first respondent. Accordingly, the appeal was dismissed. The appellant preferred a revision against this order before Malik Fateh Khan, Settlement and Rehabilitation Commissioner, Rawalpindi Division, Rawalpindi. Since his order dated 28-4-1960 is the sheet anchor of the appellant's case, it is reproduced as under: "Some complications hive arisen on account of numbers given to the house. House…
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