Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

Constitution of Pakistan (1973)--Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Composite property--Transfer of portion out of such property in 1962 to petitioner--Other unit transferred to respondent/could not be further divided in 1972 so as either to exclude from it a staircase or a terrace which formed integral part of that unit--Such order unit had become an independent unit and separate property since 1962--Petitioner had no locus standi to challenge transfer of that independent unit to respondent whether in part or as a whole-­Order passed by Settlement authorities further dividing such other independent unit was without lawful authority and has rightly been set aside by High Court--Petition for leave to appeal dismissed.--[Locus standi]. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal arises out of a judgment, dated 12-5-1980 of the Lahore High Court; whereby respondents' writ petition arising out of an Urban Settlement Case was allowed. The predecessor-in-interest of respondent No.l was transferred a shop with a chobara out of a composite property in 1962. The petitioner a local was in possession of another unit (a shop) in the same composite property. He not having found entitled to its transfer, it was auctioned. It appears that for reason of non-payment of price by the auction­ purchaser this unit in possession of the petitioner became available for transfer. In the meanwhile the petitioner also became eligible for its transfer on the basis of possession. It was accordingly transferred to him in 1968. He later on associated with him one Hafeez-ud-Din. Not satisfied with the transfer of the shop in his favour he made an applica­tion in…

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