Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10 & 11--Settlement Scheme No. VII--Leave to appeal granted to examine whether of District Judge, reversing of Trial Court to the effect that the appellant was owner of suit property, was not based on misreading and ignoring vital evidence with regard to identity and transfer of property. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Ss. 10 & 11--Settlement Scheme No. VII--Civil Procedure Code (V of 1908), Ss. 100 & 115--Appellant claiming that house in dispute was transferred to him under Settlement Laws but respondent contesting suit of appellant with plea that house was transferred to him under Settlement Scheme No. VII--Both parties leading evidence--Trial Court decreeing suit in favour of appellant with finding that suit property was in reality transferred to appellant and not to respondent--On appeal by respondent District Judge set aside Trial Court and decree holding that suit property was transferred to respondent--Appellants revision before High Court failed--Record showing that serious allegations of forgery of Settlement record were made in case and for that reason appellant made an application to District Judge for additional evidence by summoning original record of allotment of house in dispute--Application of appellant rejected by District Judge although no adequate could be delivered in case without examining original record--Instances of doubtful character like change of entries in document of transfer with regard to number of house, with different writing, change in date in document apparent on record--Appellant brought on record a document which showed that the properties were already transferred in favour of respondent--Question, whether in presence of such evidence respondents claim for suit property was justified, not examined by District Judge of High Court--Appellant contending that District Judge while discussing evidence of appellant took note of only two witnesses while in fact more witnesses were examined by appellant--Such particular part of evidence had…

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