Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 683 of 1974, decided on 21st November 1975.
(On appeal from the judgment and order of Lahore High Court, Lahore, dated 17‑6‑1974, In Writ Petition No. 407/R of 1971).
‑‑ Sched , Part I‑Transfer ‑ of house ‑ Petitioner contending to save a prior claim to allotment being in prior possession ‑‑ No evidence to such effect being available on record petitioner granted time to produce certified copies of relevant record but such copies not only not filed but petitioner's counsel expressing his inability to produce such copies‑Petition for leave to Appeal dismissed Constitution of Pakistan (1973), Art. 185(3).
A. R. Shaukat, Senior Advocate Supreme Court instructed by Sh. Wali Muhammad, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 21st November 1975.
.The Settlement authorities have, in preference to Fazal Cain, petitioner, transferred the house in dispute bearing No. B‑II‑5/8‑64, situated in Okara, District Sahiwal, to Muhammad Ibrahim, respondent herein, on the basis of his occupation of a major portion of the house. It has further been held that the house is indivisible. The High Court has declined to interfere with the transfer in exercise of Writ Jurisdiction.
The petitioner has applied for leave to appeal contending Inter alia that he is in prior possession of a part of the house. As there was no evidence on the record to this effect. the petitioner was granted an adjournment on 31st July 1975, to a date in office for filing certified copies of the relevant record.
7 he matter has now been taken up after expiry of 3 months and 20 days but the requisite copies have not been filed. Indeed Mr. A. R. Shaukat expressed his inability to produce certified copies from the Settlement record showing the prior possession of the petitioner.
In the circumstances the petition for leave to appeal is dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer