Law:

Section:

Constitution of Pakistan (1973) ----Art. 185 (3) Lave to appeal Delay Condonation Grounds urged for condonation of delay, namely, case pertaining to Central Govern¬ment, petitioner Board before filing petition in Supreme Court having had to obtain opinion of its lawyers, due to 'procedural difficulties Government always taking longer time to decide whether petition be or be not filed in Court None of such considerations, held, relevant for condonation of delay Petitioner also violating order of Court allowing petitioner to present amended application for condonation of delay within prescribed time and no explanation furnished for such further delay Petition, held, barred by limitation and in absence of any satisfactory explanation for delay dismissed.[Condonation delay]. ORDER G. SAMAR SHAH, J. Property No. B II 10 S 1270, situated at Hafizabad was transferred to Musawar Ali, and others on 24 12 1959 on the basis of earmarking scheme. Since the property in question formed part of the compensation pool, constituted under the Displaced Persons (Compensation & Rehabilitation) Act, 1958, the same was transferred to Musawar Ali and others by the Settlement Department. The Evacuee Property Trust Board, the petitioner in this case, however, claimed the said property to be Trust property, therefore, it filed an application before the Deputy Settlement Commissioner praying therein that for the determination of the character of the said property the matter be referred to the District Judge for his decision. The record would show that after recording the evidence of the parties, the learned District Judge held that the property belonged Mehraj Krishan and Kanshi Ram evacuees and consequently he negatived the claim of the petitioner Board that the same was Trust property. Being aggrieved of the said order the petitioner Board went in appeal to the High Court under section 4 (4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, but the same was dismissed by a learned single Judge, vide his order, dated 29 5 1975.…

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