Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Art.185(3)---Property in question was jointly transferred in the name of petitioner and his brother respondent---Two deeds of association were filed before Settlement Authorities after such order of transfer; on the basis of one share of respondent was allegedly transferred to petitioner and acting on the other entire property was transferred to vendee respondent---Settlement Authority in revision filed by petitioner's brother respondent found that transfer of property in the name of petitioner was not justified, because petitioner having not been an applicant, transfer of property in his favour could not appropriately be made---Deed of association, however, was upheld with the modification that same should be read to have been executed by petitioner's brother respondent in favour of vendee. respondent---Order passed by Settlement Authority was not challenged by petitioner but his brother respondent having challenged it in High Court, case was remanded to Settlement Authority for fresh decision---Settlement Authority on remand of case decided the same in favour of petitioner's brother respondent---Petitioner, thereafter challenged the order of Settlement Authority passed on remand through Constitutional petition, which was dismissed on the ground that petitioner did not challenge the earlier order of Settlement Authority which thus attained finality---High Court had correctly decided the case in so much as earlier order of Settlement Authority had effectively sealed fate of petitioner, and after his failure to challenge the same for more than fourteen years he was rightly found disentitled to re-agitate his claim on the basis of order passed in remand which order did not give him any fresh cause of action---Petition dismissed in circumstances. ORDER NASIM HASAN SHAH, J.--- An evacuee shop in Shorkot City bearing No.94/352 was jointly transferred in the name of the petitioner Muhammad Yaqub and his brother Wali Muhammad respondent No.1 on 30-6-1966. After this order of transfer, two deeds of association were filed before the Settlement Authorities;…

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