Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XIV of 1974)-----S. 2--Transfer of property--Room in dispute situated in between houses transferred to appellant and respondent and both of them claiming ownership of room--Finding of fact reached by Member, Board of Revenue that dispute regarding room in question was a pending case and that said room was essentially a part of house transferred to appellant-­ Finding, held, not open to interference by High Court in exercise of its conational jurisdiction--Order of High Court transferring room in question to respondent set aside and order of Member of Board of Revenue restored. Talmiz Burney, Advocate Supreme Court and M. Shabbir Ghauri, Advocate-on-Record (absent) for Appellant. Khalid Malik, Advocate Supreme Court for Respondent No.1. Yakub K. Eusafzai, Advocate-on-Record (absent) for Respondent No. 2. Date of hearing: 14th April, 1985. JUDGMENT NASIM HASAN SHAH, J.--The dispute relates to transfer of a room which according to Zulfiqar 'Ahmad, appellant, is a part of house No.245/251 (4-3/33), Babu Mohallah, Sibi, transferred to him, but it is, on the other hand, claimed by Gulzar Khan, respondent, as a part of adjacent House No. 246/252 (4-3/34) transferred to him. It is unnecessary, in view of the short question falling for decision before us, to record the details of the earlier proceedings relating to the issue of transfer of this evacuee property. Suffice it to say that House No. 246/252 (4-3/34) which consists of 3 rooms was finally transferred to Gulzar Khan under P.T.O. dated 20-1-1972. House No.245/251 (4-3/33) consisting of 2 rooms was occupied by one Arbab Khan and after he left, Siraj Ahmad, father of Zulfiqar Khan (appellant herein), took its possession and finally it was transferred to him under P.T.D. dated 2-1-1973. Both the houses belonged to the same evacuee owner and one room in between is now the subject-matter of the dispute in these proceedings. According to Gulzar Khan the previous occupant of House No.245/251(4-3/33), namely, Arbab Khan and settled the dispute regarding the room in question in his favour under statement dated 28-9-1966. Zulfiqar Ahmad, however, claimed the…

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