Law:

Section:

Settlement Scheme No. VI-------Para.6---Constitution of Pakistan (1973), Art.185(3)---Transfer of evacuee property---Leave to appeal---Transfer of. plot in dispute in favour of petitioners through auction was challenged by respondent on ground that plot had already been transferred to him under Settlement Scheme No. VI and he had paid entire price thereof---Controversy between parties was revolving round the question whether plot already transferred to respondent was same and had subsequently been auctioned off in favour of petitioners---Respondent produced on record documentary evidence which left no room for doubt that plot transferred to him was same which subsequently was auctioned to petitioners---Petitioners, on the other hand, having failed to place on record any document rebutting claim of respondent, case was not found fit for interference---Leave to appeal was refused. ORDER SAAD MOOD JAN, J.--The dispute in this petition for special leave t,, appeal relates to a plot measuring about 9-1/2 marlas, bearing Khasra No.5757/5758, in Barkatpura near Shalamar Town, Lahore. It was evacuee property and was put to auction on 27-4-1974. The petitioners offered the highest bid and it was transferred to them. 2. Soon after the transfer respondent No.3 moved an application before the Deputy Settlement Commissioner seeking cancellation of the transfer made in favour of the petitioners on the ground that the plot had already been transferred to him on 18-12-1963 under Scheme No. VI…

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