Law:

Section:

(a) Constitution of Pakistan (1973)------ Art. 185(3)-Registration of Claims (Displaced Persons) Act (III of 1956), S. 7(3-A)-Leave to appeal granted to consider contention that applications before Claims Commissioner were in essence indepen­dent (miscellaneous) applications for allocation of share out of joint verified claim, a portion of, which, though verified, had not been allocated to anybody else and that it was not right to treat said applications for review of any previous orders of claims authorities. (b) Registration of Claims (Displaced Persons) Act (III of 1956)-- ----S. 7(3-A)-Appellant having acquiesced in order passed by Claims Commissioner--Prayers in. appellant's subsequent applications, held, would amount to setting aside that order which could not be done except by recourse to a competent remedy, that was, appeal, revision or review--Appellant could not therefore, seek a 1 share of benefit achieved by other claimants who had pursued their remedy under law Appeal having no merits dismissed. Tanvir Ahmad, Advocate-on-Record for Appellant. Imtiaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 20th May, 1984. JUDGMENT M. S. H. QURAISHI, J.--The appellant had filed claim bearing No. 8715 Which was consolidated with other claims bearing Nos. 730, 2108, 9253 and 9556. The Deputy Claims Commissioner by his order dated 23-5-1959 rifled the claim except Units Nos. 1-A to 9-A which were held to be essential ­urban agricultural land verifiable under Schedule 1V and not Schedule and the concerned claimants including the appellant were directed to file ,Mended claims under Schedule IV. No form under Schedule IV was filed but the claimants other than the appellant agitated the matter. Their appeal failed on 23-9-1959 but their revision was accepted on 4-4-1960 and their claim was verified under Schedule 1 at Rs. 4,48,000, which amount, in the suit of review at the instance of the other claimants was further increased to Rs. 5,21,600 on 29-4-1961, In the meantime, the appellant moved an applicat­ion on 7-5-1960 before the Claims Commissioner praying that he should also be given pro rata share in the increased value of the clams. When the…

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