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--Dispute of property between parties, each seeking protection of his transfer under settlement law--High Court deciding dispute in favour of prior transferees on C.H. Forms--Fact admitted that respondents were transferees of property since 1959 which petitioners claimed to have obtained in auction held several years later-­Prior disposal of property would have to be given preference over subsequent auction--Property in possession of respondents and transferred to them on their C.H. Forms was not available for auction-­Auction of such property to be treated as without lawful authority--Leave to appeal refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, J.--These two petitions arise out of the same case; therefore they are being disposed of together. Muhammad Nawaz Khan and others, successors-in-interest of one Muhammad Nawaz an auction-purchaser, have called in question in these two petitions judgment dated 18-3-1983 of the Lahore High Court; whereby on the respondent's writ petition with regard to a dispute about the identity of the urban evacuee property transferred to them on their C.H. forms, was resolved in their favour. The respondents admittedly are transferees on C.H. forms of an evacuee property since December 1959. There is absolutely no dispute with regard to the said transfer. A P. T. D. was also issued in their favour. The property number mentioned in the P.T.D. is 392. Subsequently during an auction proceedings the predecessors-in-interest of the petitioners was transferred an evacuee property with purported number as 397. It was discovered that the property purchased by Muhammad Nawaz in reality was the same, which had earlier…

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