Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---S. 10 & Sched.--Constitution of Pakistan (1973), Arts. 185(3)-­Transfer of property--Contentions that basis of transfer made in favour of respondent was order of Settlement Commissioner legality of which was never challenged by him which thus became final between the parties; that two rooms in dispute were never transferred to respondent; that at relevant time respondent was never in possession of said rooms and thus, his claim to them was without any basis and that corrections made in transfer documents issued to him were in accordance with order of Settlement Commissioner and High Court ought not to have interfered in the matter--Contentions raised requiring further examination, leave to appeal granted. JUDGMENT SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 2-11-1985 of the Lahore High Court dismissing the constitutional petition of the petitioner-society. 2. The petitioner-society purchased an evacuee industrial concern known as the Kuchrija Sports Limited at an open auction held by the Settlement Authorities. Contiguous to the premises of the industrial concern was an evacuee house. After Independence two rooms frog this house were used by the allottees of the concern as show-cum-office rooms. The rest of the house was in possession of respondent No.1 who was a displaced person from the State of Jammu and Kashmir. The dispute in this petition relates to the above-mentioned two rooms. 3. The portion of the house which was in possession of respondent No.1 was transferred to him on a permanent basis in pursuance of the order dated 6-12-1960 by the Settlement Commissioner. Subsequently, on 24-4-1961 a provisional transfer order in respect of the whole house was issued in his favour. The petitioner-society which claimed the whole house to be a part of the industrial concern filed a writ petition in the High Court to challenge the said order. It was accepted by a learned Single Judge and the said order was set-aside. Respondent No.1 filed a Letters Patent Appeal. The Division Bench which heard the appeal came to the conclusion that the…

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