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Constitution of Pakistan (1973) ---- Art. 185 (3) read with Evacuee Property and Displaced Persons (Repeal) Act (XIV of 1975)--Dispute over transfer of evacuee property-­P. T. D. issued in favour of respondent, covering whole property, re­maining in field until repeal of Settlement Laws and matter becoming past and closed transaction-Exercise of jurisdiction by Settlement Authorities, after coming into force of Repealing Act, in undertaking an inquiry in order to review and reopen such past and closed transac­tion-Held, palpably coram non judice and wholly incompetent-Leave to appeal against impugned of High Court refused. Abdul Samad Khan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 22nd November, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-The dispute in this case relates to an evacuee property originally owned by a single evacuee owner Mehrchand and according to the 1944-47 Assessment Register and Register of the Cantonment Board, Peshawar, was entered as shop bearing No. 353. One property was in possession of one Abdul Razak and the other portion in the possession of Jamil Rehman which was allotted to him on 7-9-1950. Subsequently Jamil Rehman, on the basis of his possession applied for the transfer of the shop and was transferred the same as per order dated 15-10-1959. He was issued P. T. O. dated 12-6-1963 and P. T. D. dated 4-2-1969 in respect of entire property No. 353. Jamil Rehman has transferred and conveyed the property by sale in favour of Razi Abdullah the first respondent. 2. The trouble started when the first respondent demanded rent from the petitioner who was then in occupation of the property, which was pre­viously occupied by Abdul Razak. The petitioner did not pay rent and instead applied for transfer of the portion in his occupation on 24-6-1977 under Settlement Scheme No. 1 of 1976. This application was eventually sent to the Deputy Settlement Commissioner, Peshawar, for report and the latter officer reported that Property No. CA 154/2/353-A (portion of the disputed property originally in possession of Abdul Razak, to be referred to as No. 353-A) was available for transfer. It is in this background that portion…

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