Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (II of 1962)- -- S. 6 and Settlement Commissioners (Validation of Orders) Act (VI of 1972), S. 2-Review-Section 2 at best validates orders passed in review by Settlement Commissioners without such power being specifically delegated to them and if they were otherwise delegates of Chief Settlement Commissioner for deciding second revision petitions Such validation could not extend to orders which could not be made at all by Chief Settlement Commissioner himself or any of his delegates due to deletion of powers of review by Ordinance II of 1962. (b) Constitution of Pakistan (1956)-- ----Art. Writ proceedings-Concurrent findings of all Settle­ment authorities regarding possession of certain person-Could not be interfered with by High Court-Question of mode of division of evacuee property arrived at by Settlement authorities also not open to interference by High Court. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal seeks to call in question an order made by a learned Single Judge of the Lahore. High Court on the 24th of April 1977, whereby Constitution petition bearing. No. 224-R of 1961 instituted by the present petitioner Khuda Bakhsh in respect of the transfer of evacuee property bearing No. 214/13-III situate in Sabzi Mandi, Sahiwal, was dismissed. There has been prolonged litigation between. the parties regarding this property, which is a doubter-storied building and consists of a shop and a residential portion. The petitioner claims to be in possession of the shop, four residential rooms on the ground floor and one room with a bath-room on the first floor, whereas the respondent Mohammad Sharif is stated to be in possession of one room on the first floor. Both are claimants. The petitioner submitted both C. S. and C. H. forms and prayed for the transfer of the entire building to him, whereas the respondent only submitted C. H. form for the residential portion. The first order on the Settlement side is that of the Deputy Settlement Commissioner dated the 3rd of November 1959, by which the whole of the property was transferred to the respondent on the ground of prior…

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