Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S.2--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider, inter alia, whether High Court was justified, in circumstances of case, to hold that plot transferred to respondent exceeded six Marlas despite the express mention of that area not only in transfer documents but also in sale-deed itself. (b) Constitution of Pakistan (1973)-- ---Art.185(3)--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--Orders passed by Settlement Authorities in favour of appellant set aside by High Court in its Constitutional jurisdiction--High Court's finding impugned--Constitutional petition having been filed by respondents they could not have relied on technical and procedural aspects so as to deprive appellant of area in dispute as same did not form part of area transferred to writ petitioners viz., respondents--Impugned orders could not have been passed, firstly because such area had not been transferred to respondents, secondly, because they had no locus standi in the matter, and thirdly, discretion in facts, and circumstances of case could not have been exercised in their favour--Impugned was thus set aside in appeal. Sh. Anwarul Haq, Advocate instructed by Muhammad Aslam Chaudhary, Advocate-on-Record for Appellant. Syed Mumtaz Hussain, Advocate instructed by Ch. Akhtar Ali, Advocate-on-Record for Respondent No.l. Remaining Respondents: Ex parte. Date of hearing: 21st January, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against the judgment dated 11-2-1980 of the Lahore High Court; whereby in an urban settlement matter the orders passed by the Settlement Authorities in favour of the appellant were set aside, in its Constitutional writ jurisdiction. The facts and circumstances of this case and the reason for granting leave to appeal are as follows:--, "Property No.l/6 to 1/11 Kalaswala, Tehsil Pasrur, District Sialkot, had been transferred to Abdus Sattar, respondent No.4, on 12-12-1960. The transfer documents issued in his favour showed the extent of the area as 6 marlas. He sold the property in…

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