| Citation(s) |
|---|
| 1969 SLG 199 1969 SLD 199 1969 SCMR 497 |
Supreme Court of Pakistan
Civil Review Petition No. K15 of 1968, decided on 7th May 1969). DATE of hearing : 7th May 1969, (On review from the judgment and order of this Court in Civil Petition No. K31 of 1965, passed on the 4th of September 1960.
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND ABDUS SATTAR, JJ
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Civil Review Petition No. K15 of 1968, decided on 7th May 1969). DATE of hearing : 7th May 1969, (On review from the judgment and order of this Court in Civil Petition No. K31 of 1965, passed on the 4th of September 1960.
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND ABDUS SATTAR, JJ
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NOORUDDIN
VS
ABDUL AZIZ AND 2 OTHERS
Law:
Section:
Appeal to Supreme Court----Petition for Special Leave to Appeal-Supreme Court finding a document filed along with petition to have been tampered with-Impounding same and sending it to relevant' authorities for appropriate actions is with a direction that a report be sent to the Court after proper inquiry. Petitioner in person. Nemo for Respondents. Date of hearing : 7th May 1969. JUDGMENT HAMOODUR RAHMAN, C. J.--This is a petition for the review of an order, passed by this Court on the 4th September 196&, dismissing a petition for special leave to appeal. The legally constituted Attorney of the petitioner who has appeared in person complains that while dismissing the petition for special leave to appeal, filed on the 10th February 1968, this Court had failed to notice that the judgments of the Courts below were all based on arbitrary, unreasonable and imaginary grounds. The petitioner, who is a displaced person was, in possession of a shop numbered as BJ2268-69 at Sukkur and consisting of a shop and a godown, He was transferred the same as a composite unit and was issued a Permanent Transfer Deed No, 01108 dated the 29th October 1962, in respect thereof. After the issuance of the P. T. O. the petitioner allowed one Khuda Bakhsh, who was already in occupation of the godown to continue as a tenant by executing on the 13th September 1961, an agreement of tenancy. Again in 1962, after the expiry of the tenancy of Khuda Bakhsh, the godown was let out to the respondent Abdul Aziz, the son of Khuda Bakhsh, under another agreement executed on the 4th December 1962. In 1963, however, when ejectment proceedings were commenced against the said Abdul Aziz, his father Khuda Bakhsh made an application to the Additional Settlement. Commissioner, Sukkur for the cancellation: of the transfer in favour of the petitioner. The Additional Settlement Commissioner cancelled the transfer of the godown portion on the ground that the godown had been wrongly transferred to the petitioner on negotiation basis by the Deputy Settlement Commissioner, Sukkur on the 17th May 1961. This order of Additional Settlement Commissioner was upheld in revision and second revision both by the…
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