Law:

Section:

Keywords: Disposal, Barred By Time, Settlement Authorities, Proceedings, Grounds, Petitioner, Competent Authority, Failure, Validity, Possession, Contentions, Constitutional Jurisdiction, Premises, Order, Receipt, Parties, Jurisdiction, Transfer Of Property, Provisions, Constitution Of Pakistan, Rent, Patent, Compensation, Costs, Unlawful, Remedy, Nullity, Notice, Rehabilitation, Disposed Of, Consideration, Without Jurisdiction, Orders, Constitution, Set Aside, Illegal, Exercise Of Jurisdiction, Dispute, Time-Barred, Procedure, Void Order, Petition, Property Result: M. JUDGMENT ABDUL HAYEE KURRSVI, J. The appellants Relumal and Kikkibai, respectively the on and widow of Chandumal have filed the present appeal under clause (10) of the Letters Patent to impugn an order of the learned Chief Justice dated 21-9-1969, whereby a petition filed by them under Article 98 of the Constitution of Pakistan was dismissed in limine. By this petition they had challenged the concurrent orders of the Settlement Commis sioner and Additional Settlement Commissioner, Sukkur, who had upheld transfer of a residential premises in favour of respondent Nizamuddin. We have heard Mr. Khalid Ishaque for the appellant and Mr. Maroof Ali Khan for the respondent Nizamuddin. The functionaries of the Settlement Department have not appeared or contested the appeal. 2. The brief facts of the case are that house No. D-724 in Ubauro within the District of Sukkur was in occupation of Chandumal, the predecessor of the petitioners. An L. H. Form was filed by the said Chandumal for transfer of the house in his favour on 12-8-1959. This form was considered to be barred by time and was for such reason rejected and returned to him. Such order of rejection was not challenged but Chandumal filed another Form on 1st April 1960, being for transfer of the house by reason of the fact that time for submitting such Form had in the meantime been extended. This Form was accepted by the Assistant Settlement Commissioner, who transferred the property to Chandumal and a P. T. O. Was issued in his favour on 11-8-1960. In, the meantime, this house was put in the Earmarking list and lots were drawn in favour of respondent…

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