Law:

Section:

Constitution of Pakistan (1973) Art. 185(3) read with Displaced Persons (Compensation and Reha¬bilitation) Act (XXVIII of 1958), Sched., para. 24 [as inserted by Displaced Persons Laws Amendment Ordinance (XIII of 1964), S. 14(iii) ] and Settlement Scheme VIII, para. 3 A Leave to appeal ¬Question whether in lace of provisions of para. 24 of Schedule to Act XXIII of 1958 provisions of para. 3-A of Settlement scheme VIII could be relied upon and Settlement 'commissioner's revisional order set aside on its basis calling for further consideration Leave to appeal granted to consider, inter alts, such Question. [Leave to appeal]. ORDER NASIM HASSAN SHAH, J. This petition for leave to appeal is directed against the order dated 11th February 1975, passed by a learned Single Judge of the Lahore High Court, whereby the writ petition filed by respondent No. 3 was accepted and the order of the Settlement Commissioner, Rawalpindi Division, dated 17th August 1972, passed in favour of the petitioners was set aside as also against the order of the said learned Single Judge dated 17th June 1975, whereby he rejected the review petition filed by the petitioners against his earlier order dated 11th February 1975. 2. The fact briefly err that Property No. 79 known as Buxley Lodge-situated in Muree was transferred ire favour of Mst. Aisha Habibullah in an open auction In lieu of her highest bid of Rs. 1,58,003. The auction price was deposited by Aisha Habibuilah through soma compensation books issued to claimants at Karachi. The auction purchaser subsequently surrendered bet rights in the property in favour of Khawaja Abdur Rauf Butt (the predecessor in interest of the petitioners) and a P. T. O. was Issued In his favour on 18th October, 1962. It appears that one of the compensation books deposited by Mst. Aisha Habibullah was declared bogus by the Settlement Authorities at Karachi and Khawaja Abdur Rauf Butt was called upon to make payment of the sum (stated to be Its. 19,658) covered by the aforesaid compensation book. Some correspondence was exchanged between Khawaja Abdur Rauf Butt and the Settlement Department on this issue. Ultimately a letter was sent by the Deputy Settlement…

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