Law:

Section:

Constitution of Pakistan (1973)-- Art. 185(3)-Leave to appeal-Evacuee house transferred to opposite--party as far back as in 1960 but petitioners not agitating their claim to such property till 1975-Petitioners not having challenged order of transfer and order of transfer finalised and still operative-Case, held, rightly not reopened at such belated stage-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958). (b) Constitution of Pakistan (1973 )- - Art. 185 (3)-Leave to appeal-Petitioners contending before High Court that property in question had been resumed from opposite party and in such circumstances petitioner's claim deserved to be con­sidered- High Court observing that nothing on record supported such submission but if it were so petitioners might approach settlement authorities and it would be for them to reconsider petitioner's claim and decide same-Property later restored to opposite-party and not vacant for allotment-High Court's observation being dependent upon finalisation of resumption matter and property having ultimately been not resumed from opposite-party, contingency on which petitioners' claim could be considered by Settlement authorities, held, did not materialise and stage for reopening of case of transfer of property did not arise.-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958). Ch. Abdur Rehman, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 7th October 1978. ORDER KARAM ELAHEE CHAUHAN, J.-The dispute in this case is about a residential portion in Property No. S-38-R-159, Circular Road, Lahore Muhammad Yaqoob (respondent No. 2) a claimant displaced person applied to have that portion which was transferred to him by the Deputy Settlement Commissioner on 26-4-1960. 2. The petitioners who are heirs of one Shamasuddin after a long time filed an application that their predecessor -in- interest Shamasuddin who was a non-claimant displaced persons had also filed an N. C. H. from for the transfer of the above mentioned property on 8-8-1959 which according to them had not been taken into consideration and that the portion in…

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