Law:

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Constitution of Pakistan (1973)---Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Order of Deputy Settlement Commis­sioner rich in details of facts of case-All documents on which petitioners have relied having been discussed by Deputy Settlement Commissioner in order and conclusion arrived at based on proper reasoning-Such order, held, did not call for any interference-Leave to appeal refused. Muhammad Hussain Manir v. Sikandar P L D 1974 S C 139 ref. Muhammad Arif, Senior Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Raja Abdur Razzaq, Advocate-on-Record for Respondents Nos. 4 and 5. Date of hearing: 4th May, 1983. ORDER MIAN BURHANUDDIN KHAN, J. -By C. P. L. A. No. 436 of 1982 and C. P. L. A. No. 13 of 1983 leave is sought to appeal against the judgments and orders dated 6-3-1982 and 8-11-1982 passed by the learned Lahore High Court in writ petition 458-R of 1981 and 1. C. A. 83 of 1982 respec­tively. This order will dispose of both the above-mentioned Civil Petitions for leave to appeal. 2. Relevant facts for disposal of these two petitions are that property bearing No. P-128 Ward No. 6 Bhawana Bazar, Faisalabad was transferred as a house to Mst. Rabia Bibi widow of Jewan Khan by the Deputy Settlement Commissioner on 30-11-1959 and P. T. O. was issued to her. The same property was, however, auctioned on 20-I1-1960 in favour of Nazir Ahmad, Petitioner No. 1 and his brother Bashir Ahmad. Mst. Rabia Bibi died and the heirs filed revision petition against the auction in favour of petitioner No. 1 and the Settlement Commissioner directed the Deputy Settlement Commissioner to hold fresh enquiry as to whether the property in question was a house or a shop vide order dated 12-12-1973. The peti­tioner took the matter finally before the Supreme Court in Civil Petition for Leave to Appeal No. 208/1979 where it was held that the High Court had rightly refused to interfere with the order of the Settlement Commis­sioner. It was further observed that the learned counsel for the petitioner wanted to. Address the Court on some points but it was thought not necessary to attend to the same because in…

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