Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10, 20 & Sched.--Leave to appeal granted to consider whether High Court was in error in thinking that Settlement Commissioner possessed no power to act in revision after issue of P. T . D and whether High Court could not interfere with finding of fact recorded by Settlement Commissioner. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1458)-- . --Ss.10, 20 & Sched.--Transfer of property--Findings of fact by Settlement Commissioner on basis of departmental record that appellant wad not served with any notice demanding payment of transfer price and that property in dispute was not legally available for auction set aside by High Court on mere presumption and surmises--View of High Court that Settlement Commissioner possessed no power of revision after issue of P . T . D . also found not in consonance with rule laid down by Supreme Court in 1973 SCMR 407--Judgments of High Court set aside and that of Settlement Commissioner upheld. Muhammad Ismail v . Settlement Commissioner and another 1973 SCMR 407 ref. Akhtar Mahmud, Advocate Supreme Court for Appellant. Faizanul Haq, Advocate-on-Record for Respondent No. 1. Ex-parte Respondent No. 2. Date of hearing: 10th January, 1984. ORDER ABDUL KADIR SHAIKH, J.-- The dispute in this case concerns transfer of House No.C.S. 1250 in Rohri, District Sukkur. It was originally transferred to appellant on L. H form and P. T .O.; dated 4-12-1959 was issued to him. He applied for reduction of the evaluation price, but no order was passed on his application, and on 4-3-1968 his P.T.O. was cancelled and the property was resumed by the department on 6-3-1968. He filed an appeal against the orders passed against him which was rejected by the Additional Settlement Commissioner on 26-4-1971. His revision application to the Settlement Commissioner however succeeds on 7-1-1972. In the meanwhile, the house was put to auction on 30-5-1968 and transferred to respondent Sadik Ali Khan. Aggrieved by the revisional order of the Settlement Commissioner in appellant's favour, Sadik Ali Khan…

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