| Citation(s) |
|---|
| 1994 SLG 600 1994 SLD 600 1994 SCMR 508 |
Supreme Court of Pakistan
Civil Petition No. 407 of 1989, decision dated: 15-10-1990
SAAD SAOOD, JAN AND ABDUL SHAKURUL SALAM, JJ
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Civil Petition No. 407 of 1989, decision dated: 15-10-1990
SAAD SAOOD, JAN AND ABDUL SHAKURUL SALAM, JJ
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WAHEED ULLAH KHAN and 2 others
MUHAMMAD HANIF and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVII of 1958)--S. 10---Cantonments Rent Restriction Act (XI of 1963), S.17---Ejectment of appellant from house in question which had been transferred to respondent while appellant's claim for transfer of same to him had been rejected by Settlement Authorities and also by the High Court in exercise of its Constitutional jurisdiction---High Court's , with regard to transfer of house having not been challenged by appellant had attained finality--Appellants raised the plea that house in question, in fact comprised of two different properties bearing two separate numbers and as such could not have been allotted to the same person (respondent)---Appellants' such plea had been dealt with by High Court and rejected which order having not been challenged had attained finality---Appellants were thus, not entitled to re-open that controversy in ejectment proceedings---Appellants' appeal before Supreme Court against his ejectment from house in question having no merit was dismissed in circumstances. JUDGMENT SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment of the Lahore High Court upholding an order of eviction passed by the Additional Rent Controller, Lahore Cantonment, against the appellants. 2. There are two small contiguous houses bearing properties Nos.180 and 181 situate in the Lahore Cantonment. House No.180 has one room on the first-floor and one room on the ground-floor while House No.181 has only one room on the ground-floor. They were owned by the same evacuee namely, Lala Ghasi Ram. For some reason they were treated as one property and transferred to Abdul Latif, predecessor-in-interest of the respondents, on his NCH form. Waheed Ullah Khan, appellant No.1, who was a local, sought transfer of House No.180 on the basis of his possession. His form was also accepted and House No.180 was transferred to him. Abdul Latif filed an appeal which was allowed by the Additional Settlement Commissioner and the transfer made in favour of Waheed Ullah Khan was set aside. Waheed Ullah Khan filed a revision petition before the Settlement Commissioner. By his order dated 25-7-1963 the Settlement…
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