Law:

Section:

Constitution of Pakistan (1973)---Arts. 185(3) & 199 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched. Transfer of evacuee property Property in dispute already transferred and P. T. D. issued in favour of transferee Respondent, after lapse of about 15 years since filing his KNCH form, applying to Settlement Authorities that his form was still pending but application was dismissed High Court, on writ petition, holding respondent entitled to portion of property under his occupation Leave to appeal Granted to examine contention whether High Court, in accepting writ petition, bad erred in following Supreme Court's Judgment in Ali Muhammad's case P L D 1976 S C 37 instead of that in Inyatullah's case 1979 S C M R 487. Ali Muhammad v. Hussain Bakhsh P L D 1976 S C 37 and Inayatullah v. Muhammad Yousuf 1979 S C M R 487 ref. ORDER DRAB PATEL, J. This petition is time barred by four days. The delay is condoned subject to all just exceptions. The dispute in this petition for leave relates to the property in Rawalpindi bearing Nos. 933, 933 A and 934. But, although the property bears three numbers, learned counsel stated that the concurrent finding of the Settlement Department was that it was one house. One Ahmed Hussain (the fourth respondent), one Sher Alam and Lai Muhammad (the third respondent) to whom we will refer as the respondent had applied for the transfer of the property, and it is relevant to note that Lai Muhammad and Sher Alam had filed K.N.C.H. form. And Sher Alam had only applied for the portion of the property No. 933 A. The Deputy Settlement Commissioner rejected Sher Alam's claim and on 8 9 1960, be allowed Ahmad Hussain's claim for the transfer of the entire property and the respondent obtained the P. T. O. and the P. T. D. for it in due course. On the other hand, although Lai Muhammad had filed a K.N.C.H. form, he did not take any steps to enquire what happened about his application although there was protracted litigation in the Settlement Department between 1960 and 1968 between Sher Alam and Ahmad Hussain. This litigation terminated in Ahmad Hussain's favour in 1968. And, sometime in 1968…

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