Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)  Art. 199-Writ petition-Laches-Impugned order challenged by writ petition five years later-Petition, held, clearly delayed in ordinately and rightly held by High Court to have been barred by principle of laches. Date of hearing , 22nd March, 1981.                                                                                                                                       ORDER   NASIM HASAN SHAH, J.----The dispute in this case ralates to the transfer of a shop in Property Nos. 1067 and 1067/1 situate in Block No. 7, Chichawatni, District Sahiwal. This property is a composite property consisting on the ground-floor of three shops and a residential portion at its back and a chaubara on the first-floor. The three shops were in occupation of locals while the residential portion at the back was in possession of Respondents 3---6 who were claimants, while the upper por tion was in possession of one Ghulam Mohammad, a non-claimant displaced person. On the commencement of the Settlement operations, the Deputy Settlement Commissioner, Sahiwal by his order dated 18th December 1959 transferred the entire property in favour of Respondents 3-6, who were claimants displaced persons and eliminated the local occupants of the shops. Ghulam Mohammad, non-claimant occupant of the chaubara was also eliminated. The transferees entered into an agreement of association with Mst. Ghulam Fatima, the predecessor-in-interest of the petitioners herein on 20th July, 1960 and surrendered their rights in respect of one shop in her favour. The agreement was duly approved by the Deputy Settlement Commissioner and an amended P. T. O. was issued on 21st July, 1960. In the meanwhile, Ghulam Mohammad, who felt dissatisfied with the order of the Deputy Settlement Commissioner, had filed an appeal before the…