Case Details

Citation(s)
1984 SLG 910 1984 SLD 910 1984 SCMR 1348
Supreme Court of Pakistan
Civil Appeal No. 136 of 1976, decision dated: 10-01-1984 (On appeal from the judgment and order of Lahore High Court dated 29-5-1975 in L.P.A. No.1029 of 1966)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ

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Mst. MERAJ BEGUM and others--Appellants

VS

. Mst. SULTAN ZENAB and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 & Sched. --Transfer of evacuee house--Parties present in Court agreeing that both of them should be transferred disputed house by dividing same vertically--Arrangement between contesting parties found to be fair--Appeal allowed in terms of agreed settlement. Haji Ghias Muhammad, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Appellants. Mian Nusratullah, Senior Advocate Supreme Court and Ejaz Ahmed Khan, Advocate-on-Record for Respondents Nos. i to 5. Raja Abdul Razzaque, Advocate-on-Record for Respondents Nos. 6 to 9. Date of hearing: 10th January, 1984. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-- This appeal is directed against the judgment dated 29-5-1975 of the Lahore High Court; whereby dismissal of appellants' writ petition in an urban settlement case was affirmed by a learned Letters Patent Bench. The dispute relates to the transfer of a house under the Displaced Persons (Rehabilitation and Settlement) Act (No. XXVIII of 1958). The whole of the house stands transferred to the respondents side. The appellants' case is firstly that the entire house should have been transferred to their predecessor­ in-interest who was claimant while the predecessor-in-interest of the respondents was a non-claimant and that in any case the division of the…
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