Law:

Section:

(a) Pakistan Defence Officers Housing Authority Order [P.O.No.7 of 1980]--- ----Art.17(h)---Bye-laws of Pakistan Defence Officers Housing Society, Bye-Laws Nos.7 & 8---Person while on deputation with Defence Officers Cooperative Housing Society was allotted a residential plot; society was dissolved and 'substituted by the. Defence Officers Housing Authority---Allotment of plot to the said person was. cancelled by the Authority on the ground of his ineligibility to become the member of the Society-Validity-Authority did not enjoy unlimited power of cancellation of allotment made by the Society rather such power was confined only to the extent of allotments which were made in contravention of the bye-laws of the Society---Article 17(h) of Pakistan Officers' Housing Authority Order, 1980 provided; that all allotments and transfers of plots, whether residential, commercial or otherwise, made by the Society before its dissolution shall be deemed to be allotments and transfers made by the Authority---Executive Board, however, could cancel such allotments which would fall within the ambit of Art.17(i) of the Pakistan Defence Officers Housing Authority Order, 1980---Principles. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope--Controversial question of facts requiring adjudication on the basis of evidence could not be undertaken by the High Court under its Constitutional jurisdiction---Where the material facts were admitted by the respondent, High Court could interfere. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This appeal by leave of the Court has been directed against the judgment dated 18-11-1998 passed by High Court of Sindh, at Karachi, in a Constitution petition. 2. The facts in small compass, are that Shamim Khan respondent herein, a Sub-Inspector in Excise and Taxation Department, Government of Sindh, while on deputation with Defence Officers Cooperative Housing Society, Karachi, was allotted a residential plot vide registered lease dated 27-11-1976. The Society was dissolved and was substituted by the Pakistan Defence Housing Authority, Karachi, appellant herein under Presidential Order No.7 of 1980. The…

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