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1987 SCMR 545 Present: Muhammad Haleem, C.J. Muhammad Afzal Zullah, Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ Malik GHULAM NABI and others--Petitioners Vs MEMBER, BOARD OF REVENUE, BALUCHISTAN, QUETTA and others--Respondents Civil Petition No. 38-R of 1986, decided on 16th June, 1986. (On appeal from the , dated 21-12-1985 of the High Court of Baluchistan, Quetta in C.P. No. 246 of 1980). Constitution of Pakistan (1973)-- --Arts. 185(3) & 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 2(4) & 10 and Sched.-Transfer of house--Petitioner found entitled to transfer of house in dispute solely on account of his success in earmarking scheme--House later found to have been wrongly included in earmarking scheme--Transfer of house in dispute in favour of respondents (to whom it had been allotted in 1948), held, could not be assailed and no interference in impugned order passed by High Court was called for--Leave to appeal refused. Muhammad Arif, Senior Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 16th June, 1986. ORDER NASIM HASAN SHAH, J.--The bone of contention between the parties is a house bearing No. 2-31/19 situated at Hari Krishan Street, Quetta. This house was in occupation of Abdul Hamid (respondent No. 3) and his wife Mst. Razia Khanum (respondent No. 2). Abdul Hamid is admittedly a local but his wife Mst. Razia Khanum claims to be a displaced person from Jammu and Kashmir. The main issue in disputes between the parties have been as to whether respondent No.2 had ever submitted any form for the transfer of this house and if so, if she indeed is a displaced person from Jammu Kashmir and thus entitled to the transfer of the house. At the outset the Settlement Department considering that no form for transfer was submitted by the occupants of the house included it in the list of house liable to be disposed of through earmarking. The petitioner, who is a displaced person and was not transferred any house, had applied for the transfer of one house under the earmarking process. This house fell to his lot and he was informed…

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