Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Art. 185(3)---Property in question, having been treated as evacuee property was auctioned, in favour of contesting respondent against his highest bid---Petitioner's plea that property in question was evacuee trust property could have been decided by Chairman, Evacuee Trust Board, but petitioner failed to move that Authority---Settlement Authority was not competent to declare disputed property as evacuee trust property---Petitioner having withdrawn his own revision petition claiming entitlement to property in question thus failed to prove his own entitlement before Settlement Authority--­Petitioner thus could not be permitted to lay any claim on basis of his adversary's infirmity---High Court's did not suffer from any error of law---Leave to appeal was refused. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Mumtaz/Taj Muhammad, petitioner, seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench Abbottabad, dated 27-11-1989 accepting the writ petition of Subedar Muhammad Amin respondent No.1 and declaring the order of the Additional Commissioner/Settlement Commissioner, Hazara Division, Abottabad, respondent No.2, dated 2-5-1983 as illegal and without lawful authority and setting the same aside. Shop No.265/C was an evacuee property which was purchased by Subedar Muhammad Amin, respondent No.1 in open auction on 26-3-1961. The sale price was adjusted through compensation book but this compensation book was sent for in an enquiry by the Settlement Karachi which remained there for a long time and in spite of the constant efforts of respondent No.1 this could not be received back. Respondent No.1 preferred to deposit the sale price is cash and on its deposit the P.T.D. was issued in his favour. On 2-2-1981 Mumtaz/Taj Muhammad petitioner applied under Scheme No.1 of 1976 for transfer of the shop to him, but with no success and, therefore, he filed before the Additional Commissioner/Additional Settlement Commissioner, Hazara Division, respondent No.2, two separate revision petitions. In one he prayed for the transfer of…

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