Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Constitution of Pakistan (1973)---Arts. 185(3) & 199--Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), S. 10--Leave to appeal granted to consider as to whether High Court could interfere with conclusion of fact in exercise of its Constitutional jurisdiction and further as to whether High Court erred in not dismissing petition on conclusion reached that petitioner was not entitled to relief claimed. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Appeal to Supreme Court--No error found in observation of High Court and none canvassed before Supreme Court--No exception, held, could be taken to such observations of High Court. JUDGMENT MUHAMMAD HALEEM, C.J.-- This appeal, by leave, arises from the judgment of the High Court of Sind dated 20th of June, 1979, by which Constitutional Petition No.1015 of 1973 was disposed of in terms that the respective transfers of the parties were upheld but the claim of the respondent No.4 to be in possession of one-half of a big hall was denied. It was, however, left open to the Settlement Authorities to reconsider the claim of the respondent No.4 on the basis of his "possession" and the new construction raised by him. There is a big mansion numbered as C-353, C-354 and C-355 situate at Khata Chowk, Hyderabad, which is occupied by fifteen families. On the basis of his possession the appellant applied on CH form for the transfer of one room on the first floor, a kitchen and a bath room which was in joint use, and a Provisional Transfer Order was, accordingly, issued in his favour on 17th of November, 1959. In the Appendix the price of this portion was shown as Rs.84,000 which represented the value of the entire building as according to its rental value of Rs.4,200 per month. Similarly, the respondent No.4 applied for the transfer of the portion in his possession consisting of three rooms, a Verandah and a courtyard, which portion was transferred to him and a Permanent Transfer Deed was issued in his favour on 27th of December, 1963. The appellant applied for the rectification of the transfer price and accordingly for the issuance of a revised Appendix on the ground that he only occupied a…

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