Law:

Section:

1987 SCMR 613 Present: Shafiur Rahman, S.A. Nusrat and Zaffar Hussain Mirza, JJ GHULAM AHMED and others--Appellants Vs AUSAF ALI KHAN and others--Respondents Civil Appeal No. 50 of 1980, decided on 31st January, 1987. (On appeal from the and order of the Peshawar High Court, Peshawar dated 5-12-1979 passed in Constitutional Petition No. 603 of 1977) (a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Evacuee property--Transfer of during pendency of occupant's transfer application Form--Validity of transfer--Leave to appeal granted inter alia to examine contentions that appellant's predecessor had applied for transfer of house on basis of his admitted possession but no orders were passed on that application by Settlement Authorities and house was erroneously or fraudulently transferred to another person who had no desire to take same; and that after death of their predecessor, appellants had been making inquiries but no reply was given to them and instead house was unlawfully transferred to respondents--On these premises, entitlement which had accrued to appellants and their predecessor-in-interest for transfer of house under Settlement law, could not be defeated in this manner. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10--Evacuee property--Transfer of--No action taken by Settlement Authorities on application for transfer of house submitted by its occupant--House included in earmarking list and later transferred--Writ petition filed by occupant challenging transfer order, dismissed on ground of laches--Order impugned--Persons in possession of acquired evacuee property had a vested right for transfer of same and after an application on relevant prescribed form was submitted, a duty was cast upon relevant Settlement Authority to dispose of same in accordance with law--Disputed house not being available for transfer during pendency of transfer application submitted by occupant, inclusion of same in earmarking list and subsequent disposal was without foundation--P.T.D. issued for such transfer did not provide any valid cover to it--Appeal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492