Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958)-------S.10---Constitution of Pakistan (1973), Art.185(3)---Transfer of property--­Leave to appeal---No documentary evidence was available on record showing that plot in dispute was owned by any non-Muslim or was treated as evacuee property before petitioner applied to Settlement Authority for its transfer---Plot in dispute having not been proved to be belonging to compensation pool, Courts below, held, rightly found that Settlement Authority was not competent to transfer plot in dispute to petitioner---Leave to appeal refuse. ORDER SAAD SAOOD JAN, J.--The dispute in this petition relates to a plot of land falling in two khasras bearing Nos. 816 and 81", each measuring about 4 marlas, situate in Jhang. In 1973, the petitioner made a representation to the Settlement Authorities that the said plot constituted evacuee property and on the basis of this representation he obtained an order of its transfer in his favour from a Deputy Settlement Commissioner. On 6-4-1977 the respondents filed a, suit wherein they challenged the legality of the transfer. The trial Court decreed the suit in respect of Khasra No.816 but dismissed it in respect of Kbasra No. 817 on the ground that it was part of a graveyard. The petitioner as well as the respondent preferred separate appeals before the District Judge, Jhang. The learned District Judge dismissed the appeal of the…

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