Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   ---S.10--Constitution of Pakistan (1973), Art.185(3)--Evacuee property--Transfer of--Entitlement to--Party in prior possession of premises--Question of fact--Interference with--Leave to appeal granted to examine whether the decision of Letters Patent Bench proceeded on a correct construction of the documentary evidence and was in consonance with the previous decisions of the High Court concerning the disputed shop.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--   ---S.10--Evacuee property--Transfer of--Entitlement to--Party in possession of premises at relevant time--Question of fact--Interference with--Transfer of evacuee property--Determination of entitlement to-­Question arising as to which party came into possession of the disputed property on or before the crucial date--Report of Settlement Commissioner conclusively determining that appellants were not in possession on or before the relevant date--Letters Patent Bench examined report and after going into merits of the entitlement, accepted same--Being a question of fact, Supreme Court declined to disturb it when it was based on proper appreciation of evidence--Appellants having failed to establish their entitlement to the transfer of disputed property, appeal failed and was dismissed.   JUDGMENT MUHAMMAD HALEEM, C.J.--This appeal, by leave, raises from the judgment of the Letters Patent Bench of the erstwhile High Court of Sind and Baluchistan, Karachi dated the 19th of April, 1972, which allowed the appeal to the extent that the order of the learned Single Judge directing the transfer of the said shop to the appellants was set aside leaving the parties to bear their own costs. 2. Leave to appeal was granted to examine whether the decision of the Letters Patent Bench proceeded on a correct construction of the documentary evidence and was in, consonance with the previous decisions of the High Court concerning the disputed shop. 3. The dispute in this case relates to a shop bearing No. D-35/2551, situate in Chhotki Gitti, Hyderabad. This was transferred to Abdur Rashid,…

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