Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S.10--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider as to why Deputy Settlement Commissioner auctioned house in question in spite of direction of Additional Settlement Commissioner. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S.10--Constitution of Pakistan (1973), Arts. 185(3) & 199--Rival claims to transfer of house--Settlement Commissioner had remanded case to Deputy Settlement Commissioner for a fresh decision to find out entitlement to transfer of house between rival contestants i.e. appellant and contesting respondent--Both claimants, filing Constitutional petitions against order of remand by Settlement Commissioner whereby High Court accepted Constitutional petition filed by contesting respondent, set aside order of remand and auction of house made in favour of respondent was approved--Legality--High Court itself proceeded to examine facts of case, which were to be determined by the Authority to whom case was remanded--Held, High Court should not have recorded its findings on such questions as they required investigation and inquiry--High Court erred in exercising its extraordinary jurisdiction to upset order of Settlement Authority on finding of fact--High Court's was set aside and order of Settlement Commissioner remanding the case was restored. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This judgment would dispose of two appeals as common questions of facts and law are involved. 2.. The two appeals have been filed due to the fact that the appellant and respondent No,2 filed two separate Writ Petitions in the High Court against the order of the Settlement Commissioner dated 8-10-1959 whereby the case was remanded to the Deputy Settlement Commissioner for a fresh decision. The appellant claimed that the house in question should have been transferred to him whereas the case of the respondent No.2 was that she was entitled to the transfer of the house. The learned High Court accepted the Writ Petition filed by the respondent No.2 and the order of remand was set aside and the auction of the house made in…

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