Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Ss. 2(4) & 10-Allotment of evacuee property-Matter already con­sidered by Settlement authorities and High Court at great length on more than one occasion and disputed questions being of factual nature and no question of law or principle being involved, cases, held, not fit for grant of leave to appeal. Civil Petition No. 719 of 1975 ORDER NASIM HASAN SHAH, J.--This order will dispose of Civil Petition for Special Leave to Appeal No 719 of 1975 and Civil Petition for Special Leave to Appeal No. 842 of 1975, as both of them are directed against the same judgment of learned Single Judge of the Lahore High Court. The petitioners in the two cases claim transfer of certain portions, not transferred to them, in a composite property which consists of shops and residential portions situate in Block No. 3, Main Bazar, Sargodha. The petitioners in C. P. S. L. A. No. 719 of 1975, rather their predecessor-in-interest Fateh Muhammad, have been transferred the major portion of the property but they are dissatisfied as they consider that they are entitled the transfer of some further portion of it. The petitioners in C. P. S. L. A. No. 842 of 1975, have not been held as entitled to the transfer of any part of the property. They are members of one family and Petitioner No. 1 submitted his form as a local and they have, accordingly, been treated as locals. They claim, however, that they are, in fact, non-claimants displaced persons and are entitled to the transfer of a shop in the property which has been marked `K' and is in their possession and also Mst. Ghulam Fatima, mother of Petitioner No. 2. The above-mentioned two parties as well as some other occupants of the property agitated their claims right up to the level of Chief Settlement Commissioner (Pir Ahsanuddin). Thereafter, a writ petition was filed in the Lahore High Court and in the course of the said proceedings a report was submitted on behalf of the Settlement Department stating that the Chief Settlement Commissioner wanted to review the impugned order. The writ petition was accordingly dismissed and the matter taken up by Sh. Muhammad…

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