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Constitution of Pakistan (1973)----Article 185(3) & 199--High Court dismissing Constitutional petition in limine--Leave to Appeal granted to consider contention that High Court order suffered from misreading and non-reading of evidence. Malik Shaukat Ali, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Nemo for Respondents. ORDER MUHAMMAD AKRAM, J.--This is a petition for special leave from an order, dated 25th of July, 1977, whereby a learned Judge of the Lahore High Court at Lahore has dismissed in limine the Writ Petition No. 991 of 1977 filed by the present petitioners against the respondents herein. The dispute in this case relates to the transfer of Shop No. 69/2-A situated in Sahiwal Town, Tehsil Shahpur District Sargodha abandoned by its evacuee-owner, Lala Bhim Sen. The petitioners before us are the sons of one Basit Ali who had filed his CS. Form No. S R D 877 on the 14th of July, 1959 giving the number of the shop as 70/2. On this on the 25th of July, 1960, Mr. Nazir Ahmad Khan Leghari, Deputy Settlement Commissioner passed the order: "Undisputed. Transferred to Basit Ali. Issue P. T. C." Thereafter, on the 29th of October 1966 Muhammad Siddique respondent No. 1 filed his L.S. Form No. SRD/82 for the transfer of Shop No. 69/2-A belonging to Bhim Sen, evacuee, in his possession since 1956 under Settlement Scheme No. VIII. Basit Ali contested the application before Mir Abdul Majid, Deputy Settlement Commissioner, Sargodha. His case was that he had already been transferred the shop No.69/2-A Sahiwal for which he had filed a C.S. Form No. SRD/877, dated 14th of July, 1959 but had inadvertently given the number of shop in his possession in his form and the affidavit filed by him as 70/2 instead of Shop No.69/2-A Sahiwal. The learned Deputy Settlement Commissioner took pains to go through the record of the Settlement Department and on examination of survey record, Evaluation Register and other relevant record and document he agreed with the contention put forth by Basit Ali that he was in reality the occupant /transferee of Shop No. 69/2-A and not Shop No. 70/2 Sahiwal. This finding was based on the oral as well as the…

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