Law: Constitution of Pakistan, 1973

Section: 185 (3)

Settlement Scheme No. VIII---Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal granted to consider whether the petitioners were deprived of the property on technical grounds and that the respondent was allowed to get away with the property by hoodwinking the Department and that grave miscarriage of injustice had resulted.ORDER NASIM HASAN SHAH, J.--The Learned counsel for the petitioners has drawn our attention to the report dated 18-3-1982 submitted by the Deputy Administrator, Residual Properties, Gujranwala the Administrator. Residual Properties, Lahore Division, wherein he inter alia observed:- "On going through the record maintained by this Department, the order passed by the learned Custodian and other documentary evidence produced by Zulfiqar Ali as well as the written arguments filed by Muhammad Ibrahim I have come to the conclusion that property No. BXII-3 S-56/58 stands constructed on Khasra No.7377/6141 which has been held to be evacuee property. However the construction existing was raised by Ch. Rahim Bakhsh who later on gifted the same in favour of Zulfiqar Ali Bhatti. Muhammad Ibrahim occupied the same as a tenant tinder Ch. Rahim Bakhsh and after the gift he attorned to Zulfiqar Ali Bhatti and became his tenant. On the other hand, Muhammad Ibrahim falsely representing that he has raised the construction applied for its…

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