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Constitution of Pakistan (1973)------Art. 185 (3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Dispute over transfer of evacuee property High Court finding that matter involved disputed question of facts sending back case to Settlement Authorities for holding enquiry there­ into Order of High Court found to be unexceptionable--Leave to appeal refused. Qazi Abdul Hayee, Advocate instructed by S. Abid Nawaz, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 8th May, 1983. ORDER S. A. NUSRAT, J.--The dispute in this petition relates to a house property No. S. 1/52-S-9, Purani Meva Mandi, Lahore. The said house was allegedly purchased by the petitioner in an unrestricted public auction held on 30-11-1977 by the Settlement Department. On the other hand, the property was also claimed by the first respondent on account of an agreement of asso­ciation dated 27-11-1962 whereby one Ahmad Sharif had surrendered his rights in her favour. She claimed to have obtained a P. T. D. in her favour dated 15-6-1964. On 29-7-1972 the Deputy Settlement Commissioner addressed a notice under section 29 of the Displaced Persons (Compensation and Rehabili­tation) Act, 1958 to respondent No. 3 and others alleging that they were unauthorisedly occupying the house in question and asking them to show cause as to why they should not be ejected. The respondents having found that the house in question bad been included in the auction list and allegedly purchased by the petitioner, filed a constitution petition in the High Court challenging such transfer. As the dispute related to genuineness of the transfer documents issued to the patties, the learned High Court first asked the Deputy Settlement Commissioner to make necessary verification of the documents in the presence of the parties. In spite of the repeated…

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