Law:

Section:

Constitution of Pakistan (1973)---Art. 199 read with Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), Sched.-Finding of Settlement Commis­sioner that property in dispute was shop supported by evidence on record-Writ petition against such order of Settlement Authority ­Held, rightly dismissed by High Court in limine. ORDER DORAB PATEL, J. The petitioner is a refugee and a shop was transferred to him in Multan, presumably on his C. S. form. The dispute in this petition, however, relates to another property in Multan bearing No. 570,in Ward No. 3. The petitioner claims that this property is a house which had been allotted to his father, therefore, oil his father's death, when Settlement operations began, he filed the usual C. H. form for it and obtained the P. T. O. for it. However, despite the P. T. O. in his favour, the property was treated as a shop and put up for auction. And, it was auctioned in due course to the private respondents, in this petition, therefore, the petitioner had challenged the order of auction in an appeal before the Additional Settlement Commissioner, which was dismissed. He then filed a revision and the revision was accepted by the Settlement Commissioner. As the auction in favour of the respondents was thus cancelled, they filed a writ petition in the High Court against the Settlement Commissioner's order. This writ petition was dismissed in limine on 22-11-1965. The respondents challenged the dismissal to limine of their writ petition in a Letters Patent Appeal which met the same fate. Therefore, they filed a petition for leave in this Court and the case was remanded to the Settlement Commissioner, It is unfortunate that the order of this Court disposing of the appeal of the respondents has not been filed. Be that as it may, learned counsel admitted that the same had been remanded by this Court to the Settlement Commis­sioner in order to examine the question whether property No. 570 was a house or a shop. And, if the finding was that the property was a shop, then the petitioner would not be entitled to it and the auction in favour of the respondents would be upheld. In pursuance of this order, the Settlement…

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