Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185 (3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 and Sched.--Leave to appeal-- Granted to examine whether respondents had no locus standi to challenge transfer of property in favour of appellants. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.10 and Sched.--Departmental record showing that disputed property was transferred to respondents and that predecessor-in-interest of appellants was all along treated as their attorney and never applied for transfer of property in his own name--Plea of appellants that respondents had no locus standi to challenge transfer earlier made in appellants' favour--Held, without substance in circumstances of case. Muhammad Ali Shaikh, Advocate Supreme Court and Ahmadullah Farooqi, Advocate-on-Record for Petitioners. Date of hearing: 26th January, 1984. ORDER ABDUL KADIR SHAIKH, J. -- The dispute in this case concerns transfer of property bearing No.IB/214/215 situated in Shahdadpur which was occupied by Hote Khan, predecessor-in-interest of appellants. Since it was an available property not having been disposed of either under the schemes or in public auction, the Additional Settlement Commissioner ordered its transfer through negotiations on 9-3-1968 to Siraj Din, acting as general attorney of respondents 1 and 2, on payment of reserve price of Rs. 6,990 in cash. Siraj Din failed to pay the amount in cash, and on 14-10-1969 the two respondents applied for grant of permission to make the payment by adjustment through their compensation books and the balance in cash. This request was rejected by the order, dated 28-10-1969 recorded on the face of the respondents' appli­cation and the transfer documents in their favour were cancelled, and the property was transferred to Hote Khan, the occupant, through negotiations on payment of full reserve price and rent arrears. The two respondents challenged this order in a revision application presented on 26-11-1969, and on the same day, after hearing learned counsel appearing on their behalf, learned Settlement Commissioner rejected it for the reason that respondents were…

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