Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Transfer of property--Identity/demarcation through Local Commissioner--Challenge to appointment of Local Commissioner and consideration of his report, not sustained--Controversy being factual and raising no question of law, leave to appeal refused by Supreme Court. ORDER SHAFIUR RAHMAN, J.-- The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 4-6-1980 whereby a civil revision filed by them against the judgment and decree of the first appellate Court was dismissed in limine. 2. The predecessor-in-interest of the petitioners was transferred evacuee house No.C-35/A situated in Bhakkar, District Mianwali. The respondents' predecessor-in-interest was also transferred a house No. C-34 in the same locality. The respondents filed a suit in the civil Court alleging that the petitioners had forcibly occupied their house and raised construction over it. The controversy and the dispute in the trial Court centered around the identity, extent and the ownership of the property in dispute of the petitioners as C-35/A. The trial Court appointed the Settlement Inspector as a local Commissioner and after receipt of his report and inviting objections to it and considering it along with the other aevidence, the trial Court concluded that the room indicated as A.G.D.H. is C-34 of the plaintiffs which the defendant had illegally included in his Property C-35/A. The petitioners' appeal and revision against this finding were not successful. Hence this petition for special leaves to appeal. 3. Learned counsel for the petitioners has contended that the local Commissioner had exceeded his mandate by recording a finding on matters not entrusted to him and his report ought not to be made…

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