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Civil Petition for Special Leave to Appeal No. 378 of 1967, decided on 26th October 1967.
(On appeal from the judgment and. order, of the High Court of West Pakistan, Quetta,Circuit, Quetta, dated, the 11th August 1967, in Writ Petition No. 53 of 1966).
, Sched Part I ‑Person transferred house on basis of merely a receipt showing that he had filed N. C. S Form ---Whether house properly transferred to him Special Leave to Appeal granted by Supreme Court to consider, question.
Bashir Ahmad, Senior Advocate Supreme Court instructed ,by Salim Ahmad Malik, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 26th, October ‑1967.
It is urged that the High Court has interfered with the order of the Additional Settlement Commis sioner, on misreading anti non Treading of the evidence. The case of the respondent Syed Abdul Hamid of being entitled to transfer of the disputed property is said to be based on nothing chore than a receipt produced which purports to show that he had put in a NCS form. There was no support from any other documents, e. g., entries in registers or proceedings on the form. It is urged that by itself this receipt proved nothing.
Moreover, the High Court had ignored the plain evidence that Syed Abdul Hamid only took possession of the disputed property in 1960, from one Raz Mohammad whom the petitioner was then trying to evict, by proper proceedings.
We consider that this case requires further examination and we grant leave to appeal as prayed. Security Rs. 1,000.
Leave granted.
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