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ABDUL QADEER versus ABDUL HAMID


Provided by the Supreme Court for consideration of the Homeless Persons (Compensation and Rehabilitation) Act (XXVIII of VI 18588), Part I

1969 S C M R 3

Present: Fazle‑Akbar, C. J. and Abdus Sattar, J

Major ABDUL QADEER KHAN‑Petitioner

versus

ABDUL HAMID AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 236 of 1968, decided on 8th November 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st February 1968, in L. P. A. No. 744 of 1966).

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1858),

Sch. Part I‑Whether a person could claim transfer of house on basis of possession of his son when son himself had been unsuccessful in getting house transferred in his own name‑Special Leave to Appeal granted by Supreme Court to consider question.

A. S. Salam, Advocate Supreme Court instructed by Sh. Masud Akhtar, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 8th November 1968.

ORDER

ABDUS SATTAR, J.‑

Leave is granted to consider whether Ch. Fateh Din, predecessor‑in‑interest of the respondents could claim transfer of the house in question on the basis of the possession of his son Abdul Hamid when the latter himself though unsuccessfully had asked for transfer of the said property.

Leave was granted to consider a similar question in Civil Petition No. 255 of 1965. These two appeals will come up for hearing together.

Security in the sum of Rs. 1,000.

Leave granted.

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