Law:

Section:

(a) Constitution of Pakistan (1973)--¬ Art. 185(3) Leave to appeal Settlement Commissioner appearing, to have passed a consent order and High Court accepting such position Such factual matter declined to be re-agitated before Supreme court at leave to appeal stag. [Leave to appeal]. (b) Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched.. Part I Transfer of evacuee house Portion of house never in possession of first respondent disposed of through suction after being successfully challenged in High Court bar one of peti¬tioners High Curt, held, properly exercised its discretion in holding first responded disentitled to its transfer and no ground made out for interference. Civil Petition for Special Leave to Appeal No. 456 of 1975 ORDER NASIM HASAN SHAH, J. This order will dispose of C. P. S. L. A. No. 456 of 1975 and C. P. S. L. A. No. 992 of 1975. The former is directed against the order dated 27 2 1975, whereby Writ Petition No. 131 R of 1975, filed by Fazal Elahi Bhatti (son) and Mst. Ghulam Fatima (widow) of Sher Muhammad Bhatti (petitioners herein) was dismissed, while the latter is directed against the order dated 22 4 1975, Whereby a learned Division Bench of the Lahore High Court refused to entertain the appeal fixed by Muhammad Asiam Bajwa (petitioner in C. P. S. L. A. No. 992 of 1975) against the order dated 27 2 1975, passed in Writ Petition No. 115 8 of 1975. The effect of these orders was that the order dated 28 6 1975, passed by the learned Settlement Commissioner, Lahore, whereby a part of the property in dispute was transferred to Muhammad Aslam Bajwa and the other part to Fazal Elahi and Mst. Ghulam Fatima, was maintained. 2. There has been a protracted litigation in connection with the transfer of the property in dispute, which bears No. SE 10 R 19/20, Nicholson Road, Lahore. The property is apparently a large one and more than one family have been occupying it. On the commencement of the settlement operations, the Deputy Settlement Commissioner vide order dated 1 12 1969, transferred the entire property in favour of one Tufail Ahmad. Three appeals were filed against this orders, one by Mst. Maryam amt her sister…

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