Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1.958), S. 2(12)-Dispute relating to precise identity of shop as distinguished from Balakhana forming part of composite building-Leave to appeal granted to consider question whether High Court rightly reversed order of Settlement Commissioner on matter which fell within exclusive jurisdiction of Settlement Commissioner extending to examination of legality and propriety of order passed by subordinate authorities. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- -- S. 20(3)-Revision-Settlement Commissioner competent to correct errors in findings of fact reached by lower authorities even they were concurrent. (c) Displaced Persons (Compensation and Rehabilitation) Act, (XXV1II of 1958)--- -- S. 2(12)-Even if there is no user of a part of unit, while remaining part was established to be in possession of transferee, division under S. 2(12), held, would not be unlawful. (d) Displaced Persons (Compensation and. Rehabilitation) Act (XXVIII of 1958)- --- S. 2(12)-Deputy Settlement Commissioner is empowered to make transfer under S. 2(12) regardless of original boundaries of a Numbered unit particularly when possession over said portion has also been with transferee and further that aspect of case was also not found contested either from department or otherwise. M. Bilal, Advocate Supreme Court, M. Sardar Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for Appellants. Respondents Nos. 1, 2 and 3: Ex parte. Maulvi Sirajul Haq, Senior Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for Respondent No. 4: Date of hearing: 3rd October 1983. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal is directed against judgment dated 12th March, 1974 of the Peshawar High Court whereby a Constitu­tional Petition arising out of an Urban Settlement case filed by Shamroz Khan respondent No. 4 was allowed and the revisional older of Settlement Commissioner (dated 7-10-1970) was set aside with the result that the unit in dispute of a composite property was held to have been transferred to Shamroz Khan…

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