Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S.10---Constitution of Pakistan (1973), Art.185(3)---Allotment of property--­Entitlement ---Petitioner had filed belated L.H. Form and on inquiry he was never found to be in possession of the property in dispute---Departmental Authorities' definite finding was, that petitioner was not in possession---Such finding was upheld by High Court---Supreme Court declined to interfere in the concurrent finding of fact---Petition for leave to appeal was dismissed. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----S.10---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to allotment ---Petitioner's belated L.H. Form was rejected after inquiry--­Petitioner's possession over the plot in question was not proved by him in any manner---Settlement forum's findings were never challenged by petitioner and thus became final---Petitioner was not found to be entitled to allotment of disputed plot---Leave to appeal was refused. ORDER ABDUL SHAKURUL SALAM, J---Dispute relates to one portion out of the four of Property NO.BXXIII-.3S-9, Gujranwala. It was allotted to Muhammad Hussain, respondent No.l, by the Rehabilitation authorities on 19-1-1957. Shorn of unnecessary details, Abdul Rahim filed a belated LH form and sought condonation of 'delay on which a report was called for from the Deputy Settlement Commissioner. Mr. Muhammad Arif Rana, the Deputy Settlement Commissioner, submitted his report that `though the name of Abdul Rahim does not exist in the survey register yet he was found in possession of property at the time of survey. However, he submitted an affidavit to this office to the effect that he is in occupation of this part of the property long before 1958. The contention of the applicant contained in the affidavit is duly attested by the Chairman of Union Council Khan Ghulam Dastgir Khan who is also Vice Chairman of the Municipal Committee, Gujranwala. In view of this authentic attestation his possession seems to be before 1958." Delay was condoned. The Deputy Settlement Commissioner took up the matter of transfer. He rejected the form of the petitioner as…

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