Law: Constitution of Pakistan, 1973

Section: 185

Constitution of Pakistan (1973)---Art. 185(3)--Order of Letter Patent Bench though somewhat inconsis­tent, but petitioner allowed same to become final--Such order, held, could not be challenged by petitioner--Leave to appeal refused. (b) Constitution of Pakistan (1973)-- ---Art.185(3)--Although a different view could have been taken, it could not be said that impugned was unreasonable or perverse--Case therefore, being not fit for grant of special leave, leave refused. ORDER DORAB PATEL J.--The dispute in this petition for leave relates to what is described as a garage in a house in an evacuee property in Rawalpindi. Even, according to the petitioner, the property measures only about 125 square yards and consists of four rooms and two garages and the contest is between him and the first respondent, to whom we will refer as the respondent. Badar Din the predecessor-in-interest of the petitioner had applied for the transfer of the entire property when Settlement operation began. But the respondent, who was in possession of a garage had applied for that garage whilst one Shafi applied for the other garage. As Shafi has been eliminated from the contest, it is sufficient to state that the entire property was initially transferred to Badar Din. However, on the remand of the case to the Deputy Settlement Commissioner, by his order dated 11-12-1961, the Deputy Settlement Commissioner transferred the garage in dispute to the respondent and the rest of the property to Badar Din. Appeals were filed and by his order dated 10-1-1962, the Addl. Settlement Commissioner directed the­ auction of the garage transferred to Shafi. Badruddin's attempt to secure the two garages failed, therefore, he filed a writ petition in the Lahore High Court, and this writ petition was allowed by a very brief order which only discussed the question whether Badruddin was entitled to the garage occupied by Shafi which had been ordered to be auctioned. Although this judgment is not available, we were informed that this question was decided in the petitioner's favour and then the learned Judge, who allowed the writ went on to quash the orders of the Settlement authorities dated 11-12-1961,…

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