Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10(2)--Petition for leave to appeal--Transfer of property--correspondent filing CH and P Form for transfer of a house on plot in dispute--Delay in filing form r" condoned by Settlement authorities--Required appendices were, thereafter, prepared and duly signed by Deputy Settlement Commissioner--- Such appendices were not issued to respondent and ultimately her application was rejected for want of prosecution and property in dispute transferred to petitioner-­Settlement Authorities not contesting that said appendices which existed on record were not duly completed in all respects and signed by appropriate competent officer or that there was not proper form or sanction or condonation of delay or entitlement order in favor of respondent--High Court observing that all formalities which were necessary for preparation and issuing of appendices had been duly completed--Once such documents were duly prepared and there existed no bar or impediment, respondent, held, became entitled to property and vested with a right to it--Facts of case showing that respondent had been pursuing matter for seeking legal remedy by filing constitutional petitions and civil suits in respect of her rights and no delay taking place at any stage but her grievances continued and her efforts were thwarted and she was denied legal remedies under cover of authority which was not legally possessed and not legally exercised-­ High Court exercising equitable jurisdiction in favour of respondent on just and proper considerations by allowing transfer of property in dispute in her favour--Leave to appeal against order of High Court refused in circumstances. Mian Rafi-ud-Din and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others P L D 1971 S C 252 ref. Nasim Farooqui, Advocate Supreme Court, Faizanul Haq, Advocate-on-Record for Petitioner (in Civil Petition No. 328-K of 1985). Khalid M. Ishaque, Advocate Supreme Court with A. Aziz Khan, Advocate-on-Record for Respondents. Shahanshah Hussain, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record…

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