Law:

Section:

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)----S.2(2)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by the Supreme Court to consider, whether Notified Officer had jurisdiction to re-open a decided case and transfer disputed property to respondents within the contemplation of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss.2(4) & 30(5)---Settlement Scheme NO.VIII---Evacuee property--­'Transfer in favour of appellant and predecessor-in-interest of respondent had attained finality in the years 1961 and 1963 respectively---Other respondents claiming possession from 1972, 1973 and 1974 respectively filed Transfer Forms in the year 1973 under Settlement Scheme No.VIII, and were transferred certain portions of house in dispute, and High Court upheld such transfer---Validity---Transfer of house in dispute in favour of appellant and predecessor-in-interest of respondent in years 1961 and 1963 had put at rest the controversy between the said transferees then---Had other respondents any complaint against such transfer' they would have joined the arena much before and not waited till the year 1973 to claim protection of their alleged possession---Absence of such respondents to put in appearance in the case made doubtful the nature of their alleged possession---Supreme Court accepted the appeal, set aside the of High Court, and upheld the transfer in favour of appellant and predecessor-in-interst of respondent. Messrs Talib Hussain Noor Hussain v. Muhammad Hussain Siddiqui and 3 others 1968 SCMR 1316 and Mian 2;ahoor Ahmed v. Mst. Khurshid Ishrat and others 1998 MLD 1966 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---A brief resume of the facts leading to the instant appeal with leave of this Court against the judgment dated 13-4-1993 passed by a learned Judge in Chambers of the Lahore High Court, Lahore in Writ Petition No. 167-R of 1990, dismissing the: same and upholding order, dated 15-4-1990 of the Notified Officer, is that the appellant is a claimant displaced person from Jammu and Kashmir. He was in possession…

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