Law:

Section:

Constitution of Pakistan (1973) Art. 185 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I Evacuee house transferred to petitioner pursuant to number of house given by him¬. Such transferee cannot subsequently lay a claim to house belonging to different evacuee owner with different number on premises that house number was incorrectly stated Orders of Settlement authorities and High Court to such effect, held, correct and, no justification to disturb them. Maroof Ali Khan, Advocate and V. A. Kidwai, Advocate on Record for Petitioners. Nemo for Respondents. Date of hearing: 8th January, 1980. ORDER MUHAMMAD HALEEM, J. The petitioners seek Special leave to appeal against the order of the High Court of Sindh , Karachi, dated 27th of September, 1978, by which Constitutional Petition No. 823 of 1973 was dismissed. Ghaus alias Ghulam Muhammad, the predecessor in interest of petitioners 1 to 6, his son Ali Sher and Umar Din occupied an evacuee house at Math in 1948 and, thereafter an allotment order was issued in favour of these occupants on 8th February, 1954, to which the number of the house was shown as B 1339 and its evacuee owner as Tillu Mal. It is the case of the petitioners that they re constructed the house and thereafter, on the commencement of the settlement operations, submitted a P' Form for its transfer on 7th March, 1960. They were transferred this house where after they paid its full price and a P. T. O. dated 25th November. 1962, was issued followed by a P. T. D. dated 2nd March. 1964. In both these documents the number of the house was shown as B 1339. At about the transfer of this house building site, house bearing No. B 1351. in the occupation of one Ramzan, was transferred to respondent No. 4 on 31st January, 1960, under the earmarking scheme and a F. T. O. was issued in his favour on 3rd February, 1960. After the payment of its full price on 15th September, 1960, a P. T. D. was issued to him on 15th October, 1963. Thereafter, in the year 1965 66, respondent No. 4 demanded rent from Ghaus as apparently the house transferred to him bore No. B 1351. Ghaus, thereupon, sought clarification from the…

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