Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Settlement Scheme No. VII, paras. 3 & 4--Transfer of plot in rural area--Built up portion of plot transferred to respondents while unbuilt portion to petitioners--High Court in Constitutional petition ordered transfer of whole property to respondents--Leave to appeal refused on ground that Scheme No.VII governed the matter and same related to transfer of rural buildings and not to open plots--Transfer under Settlement Scheme No. VII envisaged rural building inclusive of land appurtenant to it and to confine respondents solely to Kotha built up by their ancestors and to ignore their occupation and possession would be arbitrary view. Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 3rd March, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner who has been unsuccessful in obtaining the transfer of a plot in rural area under Settlement Scheme No VII seeks leave to appeal against the judgment of the Lahore High Court, dated 3-7-1979 whereby the constitutional petition filed by the respondents the successors-in-interest of Meher Muhammad Yar Advocate was allowed. According to the petitioners their own ancestors owned in the distant past Plots No. 106 and 109 (old Nos. 53 and 64) in village Jhawarian Tehsil Shahpur, District Sargodha. They had sold it to evacuees. After the migration of the evacuees the petitioners and the predecessor-in-interest of the respondents occupied the plots and were in possession of the same. The predecessor-in-interest of the respondents had built a Kotha over a portion of it. The predecessor-in-interest of the respondents died in 1965 and before that he was a practising lawyer at Sargodha. They had made a joint application of the transfer of this property but during the proceedings for its transfer the respondents made exclusive claim. Under the first order passed by the Assistant Settlement Commissioner on 2-10-1968 the built up portion was transferred to respondents and the unbuilt portion to the petitioners. After remand the entire property was transferred to the respondents and ultimately the Settlement Commissioner by his order, dated…

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