Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Ss. 10 & 11---Settlement Scheme No.VII, para. 1-A---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit for possession of property on basis of title dismissed by all the three Courts---Validity---Plaintiff claimed that house in question had been allotted to him---Defendant, however, denied relationship of landlord and tenant and set up his own claim of ownership over the house in question---Leave to appeal to Supreme Court was granted to consider whether question of legality of transfer of house in question, by Settlement Department in favour of petitioner was not in issue before Trial Court or First Appellate Court, whether First Appellate Court was not competent to go behind the order of allotment whereby said house had been transferred in petitioner's name; whether suit of petitioner was dismissed by Trial Court purely on the ground of want of notice to respondent and whether First Appellate Court had gone into questions which were not in issue between the parties in suit. Bashir Ahmed Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Sh. Zamir Hussain, Advocate Supreme Court and Ejaz Muhammad Advocate-on-Record for Respondents. Date of hearing: 15th December, 1997. ORDER MAMOON KAZI, J.---Petitioner Syed Altaf Hussain Shah filed a suit against respondent Haider Zaman for possession of a house situated in Village Usman Khattar, Tehsil Rawalpindi. The plaintiff had claimed to be owner of the said house which, according to him, had been rented out by him to the respondent at Rs.10 per month. However, the respondent had failed to pay rent for the said house for the months of October and December, 1969. Besides this, the plaintiff also required the house for his personal use. 2. The suit was resisted by the respondent as relationship of landlord and tenant between the parties was denied. The respondents set up his own claim, as, according to him, he had been allotted the said house on 9-1-1954. 3. The learned Civil Judge, Rawalpindi, dismissed the suit, vide judgment dated 18-6-1971. Although, he arrived at a conclusion that the house in question had been transferred by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492