Law: Constitution of Pakistan, 1973

Section: 185(3)

Evacuee Property and Displaced Persons Laws (Repeal) Act XIV of 1975)--S.2--Settlement Scheme NO.VIII--Constitution of Pakistan (1973), Art.185(3)-­Upper storey of house allotted to contesting respondent by Settlement Authority on direction of High Court--High Court in previous litigation wherein appellants were not party had passed such order on consent of parties viz. allottee of ground portion and the respondent--Such respondent had not filed any N.C.H. Form for allotment of same--Appellants having applied under Scheme NO.VIII claimed transfer of that portion of upper storey which was in their possession--Appellant's entitlement to allotment of portion in his possession--Settlement Authority did not appear to have applied its mind to the question whether or not contesting respondent had filed N.C.H. Form, for what impressed the Authority was, that there was a clear direction from High Court to transfer the upper storey to him and the Authority proceeded to do so--Apart from the contention whether such respondent had or had not filed N.C.H. Form, appellants being not a party to previous Constitutional petition, were not bound by result thereof--Question that contesting respondent had not filed any N.C.H. Form had already been decided by Settlement Commissioner in his revisional order by rejecting revision of the respondent--High Court, in Constitutional petition, had not upset such finding of Settlement Commissioner--High Court's observation that such respondent was even otherwise entitled under Settlement Scheme No.Vlll to transfer of the claimed portion, indicated that the Court did not record any categorical finding on the question that such respondent had submitted N.C.H. Form--High Court's order was however, a consent order based on agreement expressed by the parties, to which appellant was not a party--Appellants having filed their forms for transfer of the portion in their possession, before the of High Court in previous Constitutional petition, would be transferred portion in their possession--Contesting respondent would be entitled to retain that portion of upper storey which was already in his possession--All the parties would be entitled to the use…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492