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Constitution of Pakistan (1973)--Art.185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Evacuee property--Transferred finally after disposal of appeal and revision--Case reported after more than a decade and without going into formalities of appeal/ revision, Deputy Settlement Commissioner issued fresh order of transfer in favour of petitioners-­Order challenged in writ petition which was allowed--Petitioners' Intra­Court appeal failed--Order impugned--Appeal and revision being available to petitioners, their Intra-Court appeal, held, incompetent--Property having already been transferred and not being available, subsequent transfer could not be upheld--High Court's approach being unexceptionable, petition dismissed. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 15-10-1980 of the Lahore High Court, whereby the petitioners Intra-Court Appeal arising out of an urban Settlement case was dismissed. 2. According to the facts narrated by the learned counsel Asghar Ali respondent was in possession of Unit No.9 in a composite property which was known as old Sabzi Mandi. Muhammad Ashraf a brother of the petitioner claimed to be in possession of a smaller Unit No. 9-A which is adjacent to aforesaid Unit No.9. Asghar Ali being a non-claimant obtained the transfer in his favour on an N . C . H . Form of Unit No.9 as also 9-A. The D.S.C. presumably treated them as one transferable units in an otherwise composite property. Ashraf's appeal and revision were dismissed in 1962 and 1965, respectively and thus the question of transfer of Unit No. 9-A became a closed matter because no one challenged its transfer to Asghar Ali any further. However, in an independent round of litigation Muhammad Riaz husband of the present petitioner filed an L.H. Form for Unit No. 9-A in 1966 and on his death this application for transfer was pursued by the petitioner and other…

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