Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 2(4) read with Constitution of Pakistan (1973), Art. 185(3)­Division. of evacuee premises-Leave to appeal-Question of actual possession one of fact-Supreme Court, held, not bound to examine correctness or otherwise of decision taken by Settlement authority and upheld by High Court in such regard.-[Question of fact]. ORDER M. S. H. QURESHI, J.-This is the second time that Mst. Fahmeeda Kausar petitioner has come to this Court on the question of demarcation between property No. B-111-SI-18 (to be referred to as property No. 18) transferred to her and property No. B-111-SI-18/A (to be referred to as property No. 18/A) transferred to Mst. Farhat and Mst. Rabat respondents. the area of property No. 18, as given in her transfer order dated 9-1-1960, was 1 kanal, 19'marlas. However, the Deputy Settlement Commissioner, during his inspection, noticed that the area, transferred to her measured 2 kanals, 19 marlas. He, therefore, by his order dated 17-12-1960 enhanced the price from Rs.9,600.00 to Rs. 144,00.00. On the other hand, the respondents claimed that although they had been transferred an area of 1 kanal, 15 marlas but the area actually given to them was less. They, therefore, applied for demarcation of their property No. 18/A. But the Deputy Settlement Commis­sioner by his order dated 31-5-1961 held that as only five rooms were available for transfer, the same were to be delivered to them. The matter ultimately came in revision before Ch. Ali Ahmad, Settlement Commissioner, who held, vide order dated 6-9-1962, that no part of property No. 18/A which was originally transferred to the respondents "should be affected by any subsequent order" and accordingly directed that "the property bearing No. B/IIl/SI-18 according to the Taxation record be retained by Mst. Farhat and Rabat and that nothing contained in the above-mentioned orders dated 17-12-1960 and 31-5-1961 shall affect the transfer of this property B-III-SI ­18-A to the petitioners (Mst. Farhat and Mst. Rabat)". This order of the Settlement Commissioner not having been challenged holds the field and in fact the High Court and the…

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