Law:

Section:

Settlement Scheme No. VII--Para. 3--Constitution of Pakistan (1973), Art. 185(3)--Allotment of evacuee rural property--Two persons 'M' and 'A' found to be in possession of separate portions of building--'M' was allotted the portion which was in his possession under Settlement Scheme NO. VIIl--Portion in possession of 'A' was however, not allotted to him but was ultimately allotted to 'M.S.' because he was found to be its allottee since 1952--Legality of order--Record showed three reasons which were made basis of transfer in favour of 'M.S.' viz. (i) transfer order in favour of 'M' had not the effect of transferring any portion of property to 'A' or to any one else other than 'M'; (ii) when matter of transfer of remaining portion was taken up 'M.S.' was found to be its original allottee; and (iii) close relationship was found to exist between 'M.S.' and 'A'--Position of 'A' was thus held to be as member of the family of 'M.S.'--Leave to appeal was refused as any of the above facts could not be proved to be either erroneous or faulty. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, as daughter of one Azim-ud-­Din and widow of Fateh, seeks leave to appeal against the judgment of the. Lahore High Court, dated 8-5-1983 whereby her Constitutional Petition disputing the denial of her of a portion of the property in village Piplan, Tehsil and District Mianwali, under Settlement Scheme No.VII was dismissed. The question of transfer of this property under Settlement Scheme No.VII came up before the competent authority/officer for the first time on 15-12-1966. It was found that the building comprised 5 rooms, three of which were in possession of Muhammad Ramzan who was seeking transfer of those rooms. The other two rooms were in possession of the father of the petitioner. The Deputy Settlement Commissioner passed an order for the transfer of the three rooms to Muhammad Ramzan but made no order with regard to the transfer of the other two rooms. The matter was agitated further and ultimately these two rooms were…

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