Law:

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Constitution of Pakistan (1973) ----- Art. 185 (3) Contention that after a finding by Settlement Com¬missioner that chaubara could be transferred as a converted property, Additional Settlement Commissioner could not hold other-wise Finding of fact relating to nature of property at time of partition arid thereafter not disturbed but contention that Settlement Commissioner had not left open to Additional Settlement Commissioner to confirm transfer of chaubara as a commercial unit alongwith shop not agreed to Interpretation of remand order by High Court, held, unexceptionable. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. This petition calls in question order dated 16th December, 1978 passed by the Lahore High' Court, whereby petitioners' Inter Court Appeal arising out of the disposal of a property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, was dismissed in limine. The dispute related to a chaubara on a shop in Raja Bazar, Rawalpindi. Noor Hussain, predecessor in interest of the petitioners, a local was in possession thereof since before 1947. He also claimed to be an allottee of Chaubara as a residential unit. He applied for its transfer on L H. form which was rejected and the property was ordered to be auctioned. Respondent No. l was successful bidder. The Chuabara and the shop were claimed by him to be the parts of the same commercial unit which was put to auction. Prolonged litigation between the parties ultimately resulted in a remand order dated 17th January, 1977 by the Settlement Commissioner; who remitted the case to the Additional Settlement Commissioner with the observation that chaubara might be transferred as a converted property under memo No. 7520 PL Reh/60 dated 29th June 1960 (in fact Press note dated 3 5 1960). The petitioners challenged the remand order in the High Court through a writ petition but without any success. The Additional Settlement Commissioner by his order dated 31st May, 1977 held that the chaubara was being used as a hotel since before The Partition and that the petitioners claim about its conversion to the existing use after. Partition, was without the support of any reliable evidence. It was found to be a…

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