Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)---Leave to appeal was granted to examine propriety and legality of the order passed by the Trial as well as Appellate Courts. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Art. 185(3)---Transfer of house in question on negotiation basis to appellant as per orders of High Court passed on Constitutional petition whereby order of Settlement Commissioner and that of Additional Settlement Commissioner stood restored---Respondent having not challenged orders of High Court, same had attained finality---Respondent's contention that orders of High Court having been passed in his absence would not stand in his way, was of no substance because co-respondent, a close relative of respondent who was alleged to be in possession had contested the proceedings up to the High Court---High Court's orders having never been challenged by any of the respondents had attained finality as against all of them---Respondent had never applied on requisite form seeking transfer of house, thus he had no locus standi to challenge transfer of house in favour of appellant. Ghulam Rasool and others v. Jannat Bibi 1990 SCMR 744; Munir Ahmed etc. v. Noor Muhammad 1982 S C M R 1038; Sardar Muhammad v. Barkat Ali 1986 S C M R 770; Mukhtar Bibi v. Atta Muhammad 1985 S C M R 1506; Mirza Muhammad Yaqoob v. Chief Settlement Commissioner, Lahore and another P L D 1965 S C 254 and Jamal Din and others v. Mst. Pari Jan and 4 others 1984 S C M R 403 rel. Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698; Hamid Hussain v. Government of West Pakistan 1974 S C M R 356 and Mst. Jehan Ara Begum v. Bashir Ahmed and others 1975 S C M R 401 ref. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 25---Constitution of Pakistan (1973), Art. 185(3)---Bar of jurisdiction--­Jurisdiction of Civil Courts was completely ousted regarding determination of status of property acquired under Act XXVIII of 1958, and the determination of the rights of parties seeking transfer of such properties---Respondent having failed to challenge order of High Court…

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