Law: Constitution of Pakistan, 1962

Section: 98

(On Appeal from the judgment and order of the former High Court of West Pakistan, Karachi Bench, Karachi, dated the 7th November 1967, in Petition No. 691 of 1964). Constitution of Pakistan (1962), Art. 98-Laches-Petitioner pursuing his remedies diligently and coming to High Court seeking remedy soon after final order passed by tribunal below-Petitioner, held, not guilty of laches-Matter remanded and High Court directed to dispose of writ petition on merits. Respondents Nos. 1-'4 : Ex pane. Date of hearing : 7th February 1972. JUDGMENT SAJJAD AHMAD, J.-The dispute in this appeal relates to a portion of a plot bearing survey No. 673 J. M. situated in Jamshed Quarters, Karachi, which the appellant had occupied in 1950 and on which he has constructed a permanent building, wherein he is residing with his family. The respondents Nos. 5 and 6 are the other occupants of this plot, being in possession of separate portions thereof, and have put up their respective constructions. It seems that the total area of the plot is 2,222 square yards. The three portions, which stand separately divided in possession of the appellant and the respondents Nos. 5 and 6 measure 176 square yards, 790 square yards and 1,133 square yards respectively, and are separately numbered by the Municipal Corporation as J. M. 673/3, 673/2 and 673/1. On the 27th of November 1,959, the appellant had submitted an application under Settlement Scheme No. VI to the Deputy Settlement Commissioner, Karachi, for the transfer of his portion of the building site. This applica tion was duly received by the said officer and entered in his register. The respondents Nos. 5 and 6 also applied for the transfer of the said building site, by submission of their applica tions in C. H. Forms. The Deputy Settlement Commissioner reject ed the claim of respondent No. 5, and transferred a portion of the plot to respondent No. 6. The application of the appellant was not at all considered, nor was he given any notice with regard to the applications of the respondents. The respondents went in appeal to the Additional Settlement and Rehabilitation Commis sioner, Karachi, and then finally a revision was filed before the…