Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 185(3)-Leave to appeal-Objection taken before' Supreme Court never raised before High Court--Not allowed to be raised in Supreme Court. Muhammad Afzal v. Commissioner Lahore Division P L D 1963 S C 401 held not applicable. JUDGMENT MUHAMMAD GUL, J.-The dispute in this petition arising from the judgment of the Lahore High Court dated 2.61975 concerns the evacuee house No. BB/387. Krishanpurar Rawalpindi which was transferred under Settlement Scheme No. Y to, the respondent by drawing lots on 7-3-1960. P. T. U. was issuers in leis favour on 17-b-1960. This was followed by P. T. D. on 5-6-1971. After more than 11 years of the initial transfer in favour of the respon­dent the petitioner challenged the transfer in favour of the respondent by means of a belated appeal filed on 7-6-1971 on the allegation that he was a non-claimant displaced person and allottes in possession of the house since 1958 and had filed a N C H form for its transfer on 15-11-1 59 which was entered in C S C register at No. 1139. The Additions Settlement Commissioner accepted the appeal and remanded the case to DSC for enquiry into the matter. The respondent moved a revision against the remand order before the Settlement Commissioner who maintained the order of the Additional Settlement Commissioner. A writ petition filed by the respondent however, succeeded. It was found that the petitioner had not filed the belated appeal before the Additional Settlement Commissioner on 7-6-1971 until the respondent on the basis of the transfer in his favour gave notice to the petitioner under section 30 of Act 28 of 1958 which the Rent Controller in the ejectment proceedings found was duly served. The learned Judge in the High Court, therefore, took the view that the appeal…

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