Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXXVIII of 1958) S. 2(6) Constitution of Pakistan (],973); Art.185(3) Leave to appeal was granted by Supreme Court to consider; whether the petitioners were entitled to transfer of disputed property to the extent of 25% shares each allotted to their predecessor in interest. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXXV1I1 of 1958) S. 2(6) Notification No. F.3 (3)/50 SI, dated 11 8 1960, issued by Central Board of Revenue Notification.No.2099 CSC, dated 6 9 1960, issued by Chief Settlement Commissioner Allotment of property ¬Transfer of possession, claim of Locus standi Concurrent finding of fact by the forums below Disputed shop, was jointly transferred to predecessor in interest of appellants to the extent of 25 % share of each person and remaining 50% was allotted to the respondents Predecessor-¬in interest of appellants never came into possession of the shop ¬Effect In order to avail the benefit of S.2(6) of Displaced Persons (Compensation and Rehabilitation) Act, 1958, it was essential for the appellants to have initiated or got initiated the ejectment proceedings against the respondents or thereafter against auction purchasers for their benefit Respondents got the shop in dispute transferred through Permanent Transfer Order but the appellants did not challenge the transfer orders in Constitutional petitions filed by them, when they could have got the Constitutional petitions amended by seeking further relief challenging the transfer order of disputed shop Appellants having not challenged the transfer order in respect of shop in dispute, and such order having attained finality, appellants did not have any locus standi to file the present appeal Appellants having been found to be not in possession by all the Settlement Authorities, they could not be held to be entitled to the transfer of the property in dispute There being neither misreading or non reading of finding of fact regarding transfer of possession of disputed shop to the predecessor in interest of appellants, appeal was dismissed. Imam Din and another v. Mir Hameed Hussain, Deputy Settlement Commissioner, Montogomery…

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