Law:

Section:

Settlement Scheme No. VIII---- Supreme Court Rules, 1980, O. XXVI, R. 1--Review--Submission of N C H Form under Settlement Scheme not established on record--Petitioner seeking review admitting that copy of N C H form submitted was not traceable on record nor was the duplicate available with him--Not possible to ascertain with any degree of exactitude as to what part of property, petitioner was actually desirous of obtaining in transfer--Part of property not in petitioner's occupation could be deemed to be not available for transfer within the meaning of Settlement Scheme No. VIII--No ground for review having been made out petition was dismissed. ORDER NASIM HASAN SHAH, J.--The main submission of Mr. K.MA. Samdani, learned counsel for the petitioner Muhammad Din in support of this review petition, is that the finding of this Court that it was not established that Muhammad Din aforesaid had, in fact, filed any N C H Form under Settlement Scheme No. 1 requires review in so far as it is based on the non-reading of all the material on record. It is admitted that the Settlement Commissioner, Lahore, in his order dated 22-3-1968 had held that Muhammad Din did not file any N C H Form and further that this part of the order was not interfered with specifically in Writ Petition No. 687 of 1989 but the aforesaid finding could not be taken as binding against the petitioner as the decision of the writ petition was ultimately in favour of the petitioner. Furthermore, attention is drawn to the copy of the entry in the N C H Forms Reg1ster which shows that Muhammad Din had submitted an N C H Form which is entered as No. 983 on 16-12-1959 and herein reference to the property concerned is given as House 1st No. 17, Gowalmandi, Lahore. Accordingly, the submission is that the petitioner being an applicant for the property under Settlement Scheme No. I he was entitled to the transfer of the upper floor of the house in preference to the respondents who were applicants for the portions in their possession in the upper portion of the house only under Settlement Scheme No. VIII. 2. We observe and the learned counsel for the petitioner admits that the copy of the N C H form submitted by…

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