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Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S.10--Constitution of Pakistan (1973), Art.185(3)--Predecessor-in-interest of petitioners entered into an agreement with respondent for the transfer of half of the double storey house by a vertical partition--Agreement was not immediately accepted as another occupant of the house had challenged the transfer of the whole house to the respondent--Said occupant, subsequently succeeded in getting the ground floor transferred in his favour--After the dispute relating to the transfer of house had been finally settled in favour of occupant, Deputy Settlement Commissioner accepted the association agreement between the respondent and predecessor-in-interest of the petitioners and directed that they were entitled to share the upper floor of the house in terms of agreement--High Court set aside order of the Settlement Commissioner relying upon the terms of agreement of association and also the fact that with the transfer of the ground floor to its occupant the material basis of the agreement of association had disappeared and that it was no longer possible to give effect to the same--Leave to appeal granted to consider the reasons given by the High Court in support of its order. ORDER SAAD SAOOD JAN, J.-This is a petition for special leave to appeal from the order dated 4-7-84 of the Lahore High Court declaring, in writ jurisdiction, the order dated 31-7-1977 of the Deputy Settlement Commissioner to be without lawful authority and of no legal effect: 2. The dispute between the parties relates to a double storey house situate in Sant Nagar, Lahore. The whole house was transferred on 15-10-65 to Irshad Ali, respondent No.1. After the transfer, Irshad Ali entered into an agreement of association with Niaz Ahmad Khan, predecessor-in-interest of the petitioners. Under the agreement, Niaz Ahmad Khan undertook to pay the entire transfer price partly in cash and partly by way of adjustment of his compensation book and in return thereof Irshad Ali agreed to transfer half of the house to him by a vertical partition thereof. The agreement was filed before the Deputy Settlement Commissioner who recorded the…

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