Case Details

Citation(s)
2001 SLG 1542 2001 SLD 1542 2001 SCMR 1591
Supreme Court of Pakistan
Civil Appeals Nos. 1329 and 1330 of 1995, decision dated: 26-02-2001
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Rana Abdur Rahim Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Appellants.
Respondent No. 1. Ex parte. Mian Saeed-ur-Rehman Farrukh, Advocate Supreme Court for
Respondents

Mst. RAJ BIBI and others

VS

PROVINCE OF PUNJAB through District Collector, Okara and 5 others

Law:

Section:

JUDGMENT MUKHTAR AHMAD JUNEJO, J. -Petitioner Muhammad Naeem seeks leave to appeal against a judgment dated 1291997 by High Court of Sindh in Civil Revision No.323 of 1994. The plot in litigation bearing No. 16/9/A 'B' Area, Liaquatabad, measuring 80 sq.yds. was allotted in name of "M.A. Rahim". The -Petitioner who has throughout been called as "Muhammad Naeem" claimed, his other name to be "M.A. Rahim", and to be allottee of the suit plot from the Refugee and Rehabilitation Commissioner, Government of Pakistan. On 1651981 the -Petitioner filed Suit No.2066 of 1981 for a declaration that he was lawful allottee/owner of the house built on plot in suit. for cancellation of the registered saledeed dated 1931981 executed by the -Respondents Nos.2 and 3 in favour of his brother Muhammad Inamur Rehman -Respondent No. 1, for possession of the suit property and for issue of perpetual injunction restraining -Respondent No. l from alienating the suit property. Case of the -Petitioner was that after allotment of said plot in 1956 he raised temporary construction and shifted there with his mother and two brothers, namely, Muhammad Inamur Rahim and Muhammad Abdul Malik (now dead). Ultimately in 1964 a Pucca house was constructed by the -Petitioner, as claimed by him but his brother Abdul Haleem left the house, while -Respondent Muhammad Inamur Rahim Daftari in the High Court of Sindh since 1969 continued to remain there as a licensee. -Petitioner added that in 1975 he remarried after his marriage with his first wife was dissolved in 1966 and thereafter he shifted to a rented house leaving the suit house with his brother. Subsequently disputes arose between the brothers when the -Respondent No. 1 allegedly misbehaved with the -Petitioner and thereafter the -Respondent No. I shifted to the house of his inlaws in SITE Area after locking his room in the suit house. Notice dated 331981 about termination of licence was sent to the -Respondent No. 1 who managed with -Respondents Nos. 2 and 3 and obtained lease deed in his name on 1931981 and the same was got registered and then the notice was replied on 641981. The suit house was attached under orders of SDM, Liaquatabad, where a…
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