Law:

Section:

Constitution of Pakistan (1973)--Art. 199 read with Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), Sched. and Settlement Scheme No. VI ­Point whether Ihata in dispute was part of shop transferred to peti­tioner-Finding of Settlement Commissioner on such point of fact neither erroneous nor suffering from any omission or misreading of record-Held, could not be taken exception of by High Court in its Constitutional jurisdiction-Order of High Court dismissing writ petition upheld. ORDER KARAM ELAHEE CHAUHAN, J.-It is not necessary to go into the lengthy stages of the litigation and the forums through which this case passed and it will be sufficient for the purpose of the present order to mention that ultimately the learned Additional Settlement Commissioner by his order, dated 20-3-1961, held that Muhammad Shafi, respondent herein was entitled to the transfer of an Ihata in dispute under Settlement Scheme No. VI and that he should be issued the relevant transfer document on recovery of usual dues and transfer price. The petitioner who is a transferee of a shop (in the same building) filed a constitutional petition being W.P. 1356-R/77, in the High Court, for claiming the transfer of the aforesaid Ihata in addition to shop already transferred to him on the ground that it was a part and parcel of the…

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