Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)-.----Ss.10 & 11---Constitution of Pakistan (1973), Art.185(3)---Transfer of residual property---Contention that petitioner obtained shop on rent and added another portion after giving pagri: portion so obtained and amalgamated was un-disposed of property and petitioner being in possession was entitled to its transfer--­Administrator, Residual Property, on the basis of local inspection of property and construction holding that portion of property had remained un-disposed, transferred the same to petitioner---Transfer of that property having taken place in 1959, state of construction in 1982, could not be an appropriate test for deciding the question---Transfer order and apportionment of rent between the transferees showed that totality of property stood disposed of and nothing was left to be claimed by petitioner---High Court had given detailed cogent reasons for setting aside the conclusion of Administrator, Residual Property---Petition for leave to appeal was refused. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958) ---Ss.10 & 11---Constitution of Pakistan (1973), Art.199---Jurisdiction--­Jurisdiction of Administrator, Residual Property depends on the availability of the property---Property not found to be available at all for transfer, Administrator had no jurisdiction to deal with the same---In deciding jurisdictional fact, finding of Administrator was open to scrutiny in Constitutional jurisdiction of High Court. JUDGMENT SHAFIUR RAHMAN, J.--Two petitions, seeking leave to appeal against the judgment of the Lahore High Court dated 5-4-1989, have been filed. In the High Court, two Constitution Petitions were filed, one (Writ Petition No.2001 /1986) challenging the order of the Rent Controller dated 17-7-1985 and of the appellate authority/Additional District Judge dated 13-3-1986 upholding the ejectment of the petitioner from the shop, and the other (Writ Petition Nb.274-R of 1982) against the order of the Administrator Residual Property dated 5-6-1982 whereby a part of the same shop was held to be available property and the delay by the…

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