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1987 SCMR 594 Present: Muhammad Haleem, C. J. , Nasim Hasan Shah, Shafiur Rahman and Zaffar Hussain Mirza, JJ NOOR MUHAMMAD--Appellant Vs SETTLEMENT COMMISSIONER AT KARACHI and others--Respondents Civil Appeal No. 153-K of 1980, decided on 28th August, 1986 (On appeal from the and order, dated 19-12-1978 of the High Court of Sind, Karachi passed in L.P.A. No. 180 of 1968). (a) Constitution of Pakistan (1973)- ---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Transfer of evacuee property--Validity of-­Leave to appeal granted to consider whether respondent was rightly transferred entire unit when his request was confined to transfer of a room alone. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10, Sched. para. 1, proviso 1--Transfer of evacuee property in excess of what was applied for--Validity of--Respondent applying for transfer of one room in his possession was transferred entire house-­Order impugned--Disputed house consisting of two rooms with solitary entrance and one set of amenities of life--Being indivisible one residential unit, was transferred to one person who had preferential claim-­Respondent having been rightly determined to be entitled to transfer of whole unit, no illegality found in order impugned--Appeal dismissed. Wajihuddin Ahmed, Advocate Supreme Court instructed by Faizanul Haq, Advocate-on-Record for Appellant. Respondents Nos. 1 to 3: Ex parte. A.A. Dastgir, Advocate-on-Record for Respondent No.4. Date of hearing: 28th August, 1986. JUDGMENT MUHAMMAD HALEEM,.J.-- This appeal arises from the of the High Court of Sind Karachi dated 19th of December, 1978, whereby Letters Patent Appeal No.180 of 1968 was dismissed. Leave to appeal was granted to consider whether the contesting respondent was rightly transferred the entire unit when his request was confined to the transfer of a room only. The dispute relates to the transfer of a house comprised of two rooms in the property bearing No.C/2864 situate near Khaki Shah Ka Pir, Hyderabad. Apart from this unit there are other 11 units in the property which stand transferred to their respective occupants. Abdur…

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