Law: Constitution of Pakistan, 1973

Section: 185(3)

Possession--Constitution of Pakistan (1973), Art. 185(3)--Petitioner claiming to be purchaser of Government quarter from allottee of same--Validity and character of possession--Such allottee, who had himself, yet not become owner of said quarter, was not authorised to pass on any title pertaining the same to petitioner-­Petitioner's occupation in lieu of alleged sale was, therefore, illegal and he was in wrongful possession as same was unaulhoriscd--Petitioner having been dispossessed and such quarter being in occupation of another person for the past many years, Authority's order, refusing petitioner to be considered for allotment, under policy letters of Government was not unjustified as he was a trespasser and was not in similar occupation of quarter as those. in whose favour regularisation had been made--Petition being devoid of merit, leave to appeal was refused. Muhammad Aqil Mirza, Advocate Supreme Court, instructed by Mahmood A.Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 13th July, 1988. ORDER JAVID IOBAL, J.--This petition for leave to appeal has been filed by Sufi Wassan Muhammad petitioner and is directed against the judgment of the Lahore High Court, Lahore, dated 3 March, 1981. Briefly the facts are that a `D' type quarter belonging to the Provincial Government was allotted to one Karim Khan father of respondents Nos.6 and 7. i It is alleged by the petitioner that on 28 June, 1961. Karim Khan made an agreement with the petitioner and after receiving Rs.1,000 handed over the possession of the said quarter to the petitioner. It is further contended that the petitioner paid him seven instalments and also incurred expenditure of about Rs.5,000 on the said quarter. The allotment of the quarter to favour of Karim Khan was cancelled on 14 April, 1963 but it was reallotted in favour of Karim Khan on 18 May, 1903. Thereupon, the petitioner filed a suit challenging the notice and his dispossession with a declaration that he was in occupation of the quarter in his own right, was entitled to its allotment by virtue of the policy letters, dated 10 November, 19X4 and 21 July, 1965 and that he should be granted perpetual…

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