Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10,11

Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)--­Allotment of roofs of shops---Concurrent findings of fact by the Courts below---Plaintiffs were allotted residential portion of the property in question and shops- were- transferred separately to the defendants-­Plaintiffs were never transferred rights of roofs of the shops allotted to defendants, for use thereof as a part of residential unit---Concurrent findings were recorded against the plaintiff in two rounds of litigation--­Plaintiffs failed to substantiate the claim that the roofs of the shops were part of residential portions transferred to them---Judgments and decrees passed by the Courts below were not interfered with by Supreme Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 29-4-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revisions Nos. 1697-D and 1698-D of 1998 filed by the petitioners were dismissed. Facts briefly stated are that the petitioners filed a declaratory suit on 26-6-1983 claiming that roofs of the shops adjoining to the petitioners' residential portion are attached to their residential house Respondents. Ghulam Hussain and, others filed a suit for permanent injunction claiming that the other party be restrained from making interference in any manner in the roofs of their shops which were independent units. Both the suits were consolidated. Issues were framed and the parties led their respective evidence. The learned Civil Judge, Faisalabad, vide his judgment, dated 18-10-1989 dismissed the suit of the petitioners and decreed that of the respondents. The petitioners filed two appeals against the above judgment, which were dismissed by the learned Additional District Judge, Faisalabad, through his judgment, dated 28-4-1993. They preferred two civil revisions before the Lahore High Court, which were allowed and the case was remanded to the learned Civil Judge, Faisalabad for decision afresh after providing opportunity to the parties to bring further evidence on record. As reflected…

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