Case Details

Citation(s)
1980 SLG 338 1980 SLD 338 1980 SCMR 736
Supreme Court of Pakistan
Civil Review Petition No. 29 R of 1.976 in Civil Miscellaneous Nos. 479 and 576 of 1975 in Civil Appeal No. 4 of 1972, decision dated: 12-12-1979. (On appeal from the judgment of this Court dated 13-04-1976 in C: M. P. 479 and 576 in C. A. 4/74)
ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ

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Kh. ABDUL QAYYUM

VS

BASHIR AHMAD AND OTHERS ,

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched, Part I Transfer of property (servant quarters) Claim on basis of location of disputed quarters situated in northern part of bungalow Quarters found not situated on northern part Claim not accepted. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part I Transfer of property Servant quarters standing transferred to petitioner pursuant to his misrepresentation Forms of occupants pending disposal ultimately accepted by Settlement Com-missioner despite petitioner's pressing his case before him Order of Settlement Commissioner, not challenged and becoming final¬ Petitioner, held, not entitled to quarters. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part I Transfer of property Contention that servant quarters could not go to respondents because "servant quarters" according to law must be transferred along with main house Held Orders of transfer in favour of respondents, being not challenged before appropriate forum, cannot be .questioned before Supreme Court. Sh. Muhammad Naseem, Advocate Supreme Court instructed by Sit. Abdul Karim, Advocate on Record for Petitioner. Nemo for Respondents, Date of hearing: 12th December, 1979, ORDER NASIM HASAN SHAH, J. The dispute in the case relates to the transfer of certain servant quarters, hutments and garrages appurtenant to the Bungalow, the Guest House and Annexe of Property No. S 51 R 36. Lawrence Road, Lahore, This dispute ultimately culminated in an appeal' before this Court (C. A. No. 4 of 1973). Mr. Justice Shamim Hussain Kadri and his brothers were in possession of the main bungalow; the guest house, adjoining the main bungalow, was in possession of Khawaja Abdul Qayyum, the petitioner herein; while the annexe in the compound of the bungalow was in occupation of one Jalal Din. The servant quarters, hutments and garages appurtenant to this building were in possession of a number of other persons. The occupants of the bungalow, the guest house, annexe and servant quarters had filed settlement forms seeking transfer of various parts of the property and a long…
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