Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Leave to appeal was granted to examine whether High Court by its was justified in applying the law laid down by Supreme Court in Ali Muhammad's case reported as PLD 1976 SC 37, instead of following the law laid down in Inayat Ullah's case reported as 1979 SCMR 487. Ali Muhammad v. Hussain Bakhsh and others PLD 1976 SC 37 and Inayat Ullah v. Sh. Muhammad Yusuf etc. 1979 SCMR 487 ref. (b) Settlement Scheme No. IV-- ---Para.19--Contesting respondent being in possession of evacuee property submitted Form for transfer of same in his favour--Without disposal of respondent's Form, property in his possession was transferred to predecessor-in-­interest of appellant whereupon respondent agitated against failure to dispose of his pending Form--Deputy Settlement Commissioner passed the order that property having been disposed of same was not available for transfer--Said order, was affirmed in the Settlement hierarchy--Contesting respondent invoked Constitutional jurisdiction of High Court, which declared the transfer of the portion occupied by him to the predecessor of appellant as without lawful authority and of no legal effect--Leave to appeal--Appellant's contention against contesting respondent rested mainly in not pursuing his Form and remaining in active for about fourteen years after filing of the Form--Held: transfer in favour of predecessor of appellant being manifestly against the law, could not at any stage be protected unless contesting respondent had contributed by positive act of submitting to it--Record showed that when respondent's entitlement was determined, he was not heard, direction was given by the Settlement functionary that he be informed but he was never informed--Question of laches or inactivity on the part of contesting respondent thus did not arise in such background. Inayatullah's case 1979 SCMR 487 ref. (c) Settlement Scheme No. IV-- ---Para.19--Constitution of Pakistan (1973), Art.l85--Contesting respondent a refugee from Jammu and Kashmir was in possession of disputed property when same was transferred to predecessor of appellant--Legality--Provision of para. 19, Settlement Scheme No.IV,…

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