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Constitution of Pakistan (1973)---Art. 185(3) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched-Dispute over transfer of staircase-Overwhelming evidence on record to establish that staircase was for common use of all occupants and also orders of Settlement Authorities to that effect proved-Supreme Court cannot go into question in presence of credible evidence to establish it-Leave to appeal refused. Maulvi Sirajul Haq, Advocate Supreme Court instructed by M. Afzal Siddiqui, Advocate-on Record for Petitioners. Respondent No. 1 in person. Nemo for Respondents Nos. 2 to 7. Date of hearing: 23rd October,. 1983. ORDER MUHAMMAD HALEEM, Actg. C. J.-In this petition there is a dispute in regard to the use of a staircase by the transferee (the first respondent herein of the premises No. V/86-A, Naswari Bazar, Rawalpindi City. This portion was a part of the property bearing Nos. V-85 and V-86, which was the residential portion. It was transferred to Inamullah khan in 1974 who sold it to Haji-Muhammad Sharif, and he later sold it & the petitioners herein. The staircase, it was alleged, was a part and the transferee and thereafter the vendees exclusively used part of the residen­tial portion and it. The first respondent maintained that it was meant for the common use of all the occupants of the property which was subsequently divided. As a dispute arose, the first respondent filed a suit on 26th August, 1975 claiming its common use. The first petitioner also filed a suit on 2nd of September, 1975, whereby he also claimed the exclusive use of the stair­case. Both the suits were consolidated and decided by a common judgment dated 26th of March, 1981, whereby the first respondent's suit was .decreed and that of the first petitioner was dismissed. The appeals filed against the judgment and decree of the -trial Court was dismissed by the Additional District Judge on the 7th of December, 1982. The regular appeals filed there from also met the same fate as these were dismissed in limine by the High Court on 2nd of February, 1983. The High Court held that, in view of the concurrent finding of fact recorded by the Courts below…

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