Law:

Section:

(a) Settlement Scheme No. l.--Chap. III, para. 20---Constitution of Pakistan (1973), Art. 185(3)---Disposal of evacuee property initially in favour of petitioner by auction and subsequently transfer of same in favour of respondent---Effect---Leave to appeal was granted to consider whether property which was disposed of in favour of petitioner in public auction was available property and could be transferred to respondent; whether provisions of para. 20, Settlement Scheme No. 1, created any right in favour of respondent; and whether auction in favour of petitioner was violative of para. 20, Settlement Scheme No.I and only respondent was eligible to the transfer of same for having converted it into industrial concern. (b) Settlement Scheme No. I--- ----Chap. III, para. 20---Conversions made in evacuee property---Mode for determining whether such property was a house, a shop or any other type of property---Person who had converted such property; who was in occupation of same and who was seeking the benefit of law was the most appropriate person to raise the claim and get a declaration as to whether same was a house, a shop or any other type of property---Settlement Authorities while coming to know of such dispute i.e. relating to conversion of property could make a reference to Chief Settlement Commissioner for declaration as to status of same---Neither the occupant (respondent) nor the Settlement Authority, nor any one else had questioned the allotment, the occupation and disposal of same as a shop when same was published in the auction list; was advertised and objections were invited against the auction---No claim having been preferred against the auction of property in question, determination of status of such property by Chief Settlement Commissioner was uncalled for and lack of it was not fatal to the auction that took place---An ex post facto inquiry into such matters could not take place on an application which was time-barred and for which no explanation was. available. Hakim Hafiz Muhammad Hussain v. Settlement and Rehabilitation Commissioner and others PLD 1975 Lah. 231; Iqbal Muhammad and others v. Muhammad Ilyas and others 1983 SCMR 438; Ahsan Ali and…

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