Case Details

Citation(s)
1970 SLG 196 1970 SLD 196 1970 SCMR 89
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 233 of 1967, decision dated: 11th October 1967
S. A. RAHMAN AND FAZLE-AKBAR, JJ

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ABDUL HAMID

VS

MUHAMMAD IBRAHIM AND 2 others--Respondents

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act " (XXVIII of 1958), Sched., Part Fair division of house between parties all members of same family-Order of Settlement Authorities, held rightly not interfered with by High Court in writ jurisdiction. Gul Muhammad Khan, Advocate Supreme Court instructed by Siddiq & Company, Senior Attorneys for Petitioner. Nemo for Respondents. Date of hearing : 11th October 1967. JUDGMENT S. A. RAHMAN, J.-The parties were in possession of a com­posite property which was finally divided horizontally by the Settlement authorities. The petitioner along with his brother, Abdul Aziz, was given the first floor and the ground floor was ordered to be transferred to Muhammad Ibrahim through his wife, Mst. Fazal Bibi. The petitioner challenged the order of the Settlement authorities by a petition for a writ in the High Court but was unsuccessful. He now seeks special leave to appeal. The respondent, Muhammad Ibrahim, is married to a real sister of the petitioner and Abdul Aziz who are brothers. It would thus appear that the whole building which consists of two floors, was in fact occupied by one family. The complaint of Mr. Gul Muhammad Khan, on behalf of the petitioner; is that he had been jointly given with his brother, Abdul Aziz, the first door of…
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