1989 PLP 1233 (SCMR)
Mst. SARDAR BEGUM‑‑Petitioner Versus Mst. MARYAM HAMEED and others‑‑Respondents
| Citation | 1989 PLP 1233 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | Mst. SARDAR BEGUM‑‑Petitioner Versus Mst. MARYAM HAMEED and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1233 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1233 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1233 (SCMR) (Mst. SARDAR BEGUM‑‑Petitioner Versus Mst. MARYAM HAMEED and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. R. Shaukat, Senior Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th February, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court dated 1‑10‑1983 in W.P. No.81‑R of 1983). ‑‑‑Art.185(3)‑‑Leave to appeal was granted to consider contention that a particular aspect of the case was not properly appreciated by the High Court.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Mst. Sardar Begum widow of Muhammad Din, resident of House No.2/1394, Mohallah Wazirpura, Sialkot, has filed this petition for leave to appeal against the judgment of the Lahore High Court dated 1‑10‑83 passed in the Constitution petition whereby her claim for the transfer of residential House No.2/1394 was turned down. Learned counsel for the petitioner in order to prove the entitlement of the petitioner drew our attention to the report of the Deputy Settlement Commissioner which is to the following effect:‑ "The house was previously auctioned in favour of one late Abdul Hamid. The High Court has remanded the case with the direction that if on due enquiry it is found that the persons in occupation of the house are refugees from J & K the auction will have to be ignored being bad ab initio. On the enquiry it has been found that the occupants are refugees from J & K State and are entitled to the transfer of the house. . ." It was submitted that this aspect of the case was not properly appreciated by the Lahore High Court. We think it is a fit case far leave to appeal. Leave is accordingly granted. Security Rs. 2,
000. The appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months. M.BA./S‑277/S Leave granted.