Law:

Section:

Keywords: Case Remanded, Constitution, Remedy, Possession, Premises, Civil Court, Remand, Disposal, Petition, Rehabilitation, Quantum Of Damages, Compensation, Merits Of The Case, Suit For Recovery Of Damages, Leave, Payment, Invalid, Relief, Notice, Place, Settlement Authorities, Proceedings, Demarcate, Suit For Recovery, Illegal, Evacuee Property, Disclose, Damages, Recovery, Contentions, Consent, Costs, Recording, Property, Petitioner, Parties, Order, Set Aside, Permission, Consideration Result: D. JUDGMENT ABDUL HAYEE KURESHI J .-The facts briefly of the case are that tenement No. G/10 in a building on plot No. R. 2/16, Ramswami, Karachi, was included in a list of such-houses as were available for disposal by the Settlement Authorities in the Earmarking Scheme. The appellant, Ibrahim, being a claimant was the successful winner in the draw and was therefore held entitled to transfer of the house in question on payment of Rs. 2,880 and such payment was adjusted from the compensation book of the appellant. A P. T. O.' was issued to him on 10th August 1960 and P. T. D. On 15th April 1963.Another house bearing No. GJ1 in the same building was available for transfer and respondent Rashid Ahmed filed an application on N. C. H. Form on 2nd July 1970 for its transfer. P. T. O. Was issued in his favour and the price was adjusted from the Compensation Book of respondent Hakim Mohammad Ahmed with whom respondent Rashid Ahmed had entered into an agreement of association. On 3tYth August 1961, respondent Rashid Ahmed and Hakim Mohammad Ahmed made an application before the Assistant Settlement Commissioner stating that a small room which had not been transferred to any one and was in the occupation of a Local was in fact a portion of tenement No. G/1 and therefore, the said room may also be included in the tenement bearing No. G/1. This application did not state the number of the tenement nor did it disclose that the said tenement had been transferred to appellant Ibrahim. By an order dated 30th September 1961 this room which had already been transferred in favour of appellant Ibrahim was transferred to the respondents Rashid Ahmed and Hakim Mohammad Ahmed. Subsequently,…

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