Case Details

Citation(s)
1981 SLG 457 1981 SLD 457 1981 SCMR 829
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 913 of 197$; decided oil 15-02-1981. (On appeal from the judgment and order of the Lahore High Court, dated 7-07-1975, in R. S. A. 164/74)
KARAM ELAHEE CHAUHAN AND MUSHTAQ HUSSAIN, JJ
M. Pervaiz Akhtar, Advocate Supreme Court (absent) and Sh. Masud Akhtar, Advocate-on-Record, for Petitioners. Nemo for
Respondents.

NAZIR AND others

VS

Syed ISRAR AHMAD ETC:-

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- Sched., Part II-Transfer of evacuee shop-Portion in dispute being roof or barsati over shop transferred to plaintiff-Unless otherwise mentioned in transfer of shop, transfer, held, would mean transfer from bottom to sky-Even otherwise finding of property in dispute having belonged to plaintiff by virtue of P. T. D. issued to him being a question of fact and thrashed out by all Courts below cannot be reopened especially when no omission or misread­ing of evidence pointed out. ORDER KARAM ELAHEE CHAUHAN, J.--Tufail Ahmad, predecessor-in-interest of the respondents filed a suit for possession of the property in dispute which was decreed by the learned Civil Judge on 26th May, 1969. The defendants/petitioners filed an appeal but without any success as the same was dismissed by the learned District Judge on 1st ,April, 1974. The petitioners then filed a regular second appeal being R. S. A. 164/1974 which was dismissed by the High Court on 7th July, 1975. The…
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