Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3--Dispute over transfer of evacuee shops-­Shops in dispute transferred in favour of predecessor of petitioner but since he had not paid transfer price, a notice was issued to him which was returned undelivered--Shops ultimately put to auction and transferred to respondent in 1974--Application of petitioner made to Settlement Authorities showed that he had initiated proceedings much belatedly in 1982 and as no proceedings were pending on the repeal of Evacuee and Displaced Persons Laws, Member Board of Revenue had no jurisdiction to cancel the transfer which stood already finalised in favour of respondent--On challenge, the High Court in exercise of constitutional jurisdiction declared the cancellation of transfer in favour of respondent as without lawful authority--Judgment of High Court, being well considered and no furher question of law arose in matter requiring consideration--Petition for leave to appeal dismissed. ORDER S.A. NUSRAT, J.--The judgment of the High Court, which is sought to be challenged through this petition for special leave to appeal, was passed in the background of the following facts:- 1. The disputed shops bearing Municipal No.6-7/69 and 6-7/68 situate at Toghi Road, Quetta, were transferred in favour of one Naik Muhammad. As the transfer price was not paid, a notice dated 25-1b-1966 was issued to him which was returned undelivered. Thereafter the shops were inspected by an Inspector of the Settlement Office who submitted his report dated 23-6-1970 categorically stating that no person by the name of Naik Muhammad was found to be in possession of the shops. In the circumstances, the disputed shops were put to auction on 29-5-1974 and were transferred to Muhammad Ayub, respondent No.l. On payment of full transfer price, a document of permanent transfer was issued to him on 12-6-1974. Respondent No.l thereafter sold these shops on 21-9-1976 to late Abdul Hakim son of Mian Muhammad and Mst. Sughran daughter of Allah Bakhsh vide mutation No.1127. Abdul Hakim, having died, is now represented by his daughters, respondents…

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