Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 203) and Sched, paras. 3 & 4---Leave to appeal granted to consider question whether High Court was right in disturbing order of Settlement Commissioner qua determination of rental of residential portion and calculation of evaluation price for purpose of determining entitlement of appellant and also as to whether it was one unit or not as their determination was solely within competence of Settlement Authorities. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----S. 20(3) and Sched., paras. 3 & 4--Settlement Scheme No. 1, para. 22(b)--Transfer of property--Earmarking Scheme--Property in question comprising more than one unit--Entitlement of appellant to residential portion thereof, which he occupied and for which he filed his L.H. form, not finally determined by Settlement Authorities--Question as to whether such portion was separate unit and what was its evaluation price were inter-woven with matter of entitlement of appellant were yet to be finally determined--Inclusion of property in earmarking scheme, held, was not possible same being not available for disposal, (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 20(3) and Sched., paras. 3 & 4--Settlement Scheme No. I, para. 22(b)--Transfer of property--Appellant a local, filing his L.H. Form for transfer of portion of property in his possession as residence-­Settlement Commissioner by his well-reasoned order holding this residential portion to be a separate unit and appellant entitled to its transfer on basis of evaluation price as according to its rental per month--Appellant, held, entitled to transfer of residential portion with no right over shops. Khalid M. Ishaque, Advocate Supreme Court and Nizam Ahmad, Advocate-on-Record for Appellant. Respondent No. 1: Ex parte. Hassan A. Shaikh, Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Respondent No. 2. Date of hearing: 4th September, 1985. JUDGMENT MUHAMMAD HALEEM, C.J.--On hearing the appeal, it was disposed of by order, dated 4-9-1985 as…

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