Law:

Section:

Constitution of Pakistan (1973)---Arts. 185 (3) & 199-Transfer of evacuee property--High Court dismissing writ petition of petitioner on finding that he was stopped to agitate matter on plea. different from that raised before Settlement Authorities and that matter having been concluded by order of Chief Settlement Commissioner by issuance of .P. T. D. in favour of respondent. Settlement' Authorities had no jurisdiction to re-open matter Head, order of High Court cannot be interfered with, in circumstances of case. Syed Munir Hussain, Advocate Supreme Court instructed by Hameed Aslam Qureshi, Advocate-on-Record for Petitioner. Shehzad Jehangir, Advocate Supreme Court for Respondents. Date of hearing: 10th August, 1983: ORDER M.S.H QURAISIi1, J.-House No. 3822, Pakpattan, was divided into two units and transferred one each in favour of respondents 1 and 2 by the Deputy Settlement Commissioner on 23-12-1959. The petitioner, .who had set up a shop on one Marla of the property, challenged the transfer by appeal which was, however dismissed by the Additional Settlement Com­missioner for the reason that the house is too small to be sub-divided. It consists of only 2 Marlas of land". This - finding was challenged by the petitioner in a review petition wherein he asserted that property No. 3822 was on a plot measuring 14 Marlas 3 Sarsais and not 2 Marlas and that his shop was in. that property. He repeated the same assertion in his revision petition, which he filed after dismissal of his review application. He failed throughout and ultimately his second revision before the Chief Settlement Commissioner was dismissed on 20-9-1963. 2. Having failed so far, he changed his position and asserting on the basis of the aforesaid observation of the Additional Settlement Commissioner , that the area of House No. 3822 was only 2 Marlas he sought on 13-11-1964…

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