Law:

Section:

Settlement Scheme No. I---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether the order of remand passed by High Court had been properly complied with by the Additional Settlement Commissioner; whether the shops in occupation of petitioners were available property within the meaning of Scheme for management and disposal of available properties and petitioners were entitled to the transfer of shops under the Scheme, whether the property specifically marked in the site plan had actually been transferred to respondent-transferee and whether he was entitled to its transfer; and whether the P.T.O. produced by transferee before Additional Settlement Commissioner during arguments of the case was not a forged document and whether it had ever seen light of the day before it was produced. ORDER FAZAL IlAHI KHAN, J: --Leave to appeal is sought for against the judgment of a Single Judge of the Peshawar High Court, Circuit Bench, Abbottabad, dated 23-12-1992, dismissing the petitioners' Writ Petition No. 97 of 1991. Facts of the case relevant for the purpose at this stage briefly stated are that the petitioners are in occupation and possession of 8 evacuee shops shown as 31/23-A to 31/23-H adjacent to the compound of House No. 3123 on the roadside, link road, Abbottabad. They had allegedly rebuilt these shops " in the year 1951-52. Petitioners applied its transfer on the prescribed form to Deputy Rehabilitation Commissioner, Bharwala on 7-8-1955 but no action was taken on these applications. On 4-1-1960 petitioners again submitted applications for the transfer of the plot under the shops but these were returned on the ground that the tie of the property was in dispute hence no transfer could be made. However, on 4-3-1960 a double storey House No. 3123 situated on link road alongwith an open compound measuring 3 times only of the covered area was transferred in favour of respondent No. 4. The transfer order was then amended on 20-4-1960 by the Settlement Commissioner to the effect that respondent No. 1 is not entitled for transfer of the shops on the roadside adjacent to the house No. 3123. Respondent No. 4 did not object to this…

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