Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Ss.10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider legal effect of the order of Additional Settlement Commissioner of specified date as to the entitlement of occupants of different units of disputed property, particularly those who had duly applied for transfer. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss.10 & 11---Constitution of Pakistan (1973), Art.185(3)---Deputy Settlement Commissioner's order with regard to entitlement of occupants of different units of property being a question of fact was rightly confirmed by Settlement Commissioner, wherein High Court justifiable declined to interfere in exercise of its Constitutional jurisdiction---High Court's order did not call for interference as same did not suffer from any infirmity and was in conformity with law. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss. 10 & 11---Entitlement of appellants to property in question---There being four appellants claiming entitlement to property in question, claim of one of them related to the use of staircase only and that too, of different property; while one of them had relinquished his claim at an earlier stage and two of them had never applied for property in question---Appellants' claim was thus, denuded of legal sanction. JUDGMENT MUHAMMAD AFZAL LONE, J.---The facts are that the property known as Ahata Ram Ditta Mall, G.T. Road, Lahore, is a Katri comprising several residential units. Muhammad Yaseen respondent, on the basis of his possession filed two C.H. Forms, one bearing No.1592, dated 9-I1-1959, and the other dated 21-6-1961 registered at Serial No.1473, for one of these residential units numbered as NE-VII-2-S-6. One of these Forms fell for consideration before the Deputy Settlement Commissioner, who by his order dated 14-7-1960, rejected it and also the Forms of others, namely, Ghulam Ghaus, Ayub Baig, Muhammad Yamin and Mst. Habiba Begum etc., who were applicants for other residential units, on the ground that despite notice none of them appeared…

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