Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Civil Petition for Special Leave to Appeal No. 348 of 1981, decided on 1st November, 1981.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 14‑12‑1980 in Writ Petition No. 821‑R of 1980).
Constitution of Pakistan (1973)‑‑
‑
‑‑Art. 185 (3)‑‑Settlement
Scheme No.VIII‑‑Transfer of property‑‑High Court holding that property which was sought by petitioner to be transferred to him on N.C.H. Form was in fact not available as same had been transferred on a C.H. Form to respondent‑‑No reason existing to differ with view taken by High Court‑‑Leave to appeal refused.
Munir A. Sheikh and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
Respondents in person.
Date of hearing: 1st November, 1981.
Leave to appeal has been sought from judgment, dated 14‑12‑1980 of the Lahore High Court whereby a writ petition arising out of an urban settlement case filed by the petitioners, was dismissed.
The dispute relates to a house which is the subject matter of another petition which having been allowed, the case has been remanded to the High Court.
The predecessor‑in‑interest of the petitioners herein had also made an application for transfer on N. C . H . Form in connection with the same house in September, 1969, while the property stood transferred on a C.H. Form to Ghulam Ali, respondent No.2, in January, 1960. The contest between Ghulam Ali and Bashir Ahmad (respondent No.1) regarding the house' in question through various proceedings, however, continued till 1968, when Bashir Ahmad's appeal was dismissed in 1968, in second round of litigation. Bashir Ahmad had filed a revision petition during the pendency of which predecessor‑in‑interest of the petitioners found an opportunity of submitting an N.C.H. Form as noted earlier in September, 1969. This applicant not having been transferred any portion of the house also filed a separate writ petition in the High Court (Bashir Ahmad respondent had filed the other writ petition). It was dismissed by a learned Single Judge in limine with a finding that even if the N.C.H. Form filed from the petitioners' side be treated as one under Settlement Scheme NO.VIII, nothing could be transferred on this form, as the property in question was not then available.
In support of this petition for leave to appeal, learned counsel has contended that notwithstanding the transfer of the property on C.H. Form of Chulam Ali, it was available for transfer to a fresh applicant. After haring him in support of this plea, we have not keen able to find any reason to differ with the view taken by the High Court. This petition accordingly, is dismissed.
M . Y . H . Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer