Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Transfer of house-Deed of association executed by parties-Deed whether genuine or not-High Court, in writ jurisdic­tion, not proper forum for investigation-Writ petition, held, rightly dismissed by High Court. (b) Constitution of Pakistan (1962), Art. 58(3)-Petition for Special Leave to Appeal-Point not raised in Courts below-Cannot be allowed to be urged for first time before Supreme Court. A. R. Shaukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 25th October 1971. JUDGMENT SAJJAD AHMAD, J.---Property No. S. W. III.13.S.2 situated in Ram Nagar, Lahore, was transferred in equal shares to Fazal Hussain and Iftikhar Hussain, who are real brothers. By a deed of association, which was approved by the Deputy Settlement Com­missioner on the 16th of August 1960, Fazal Hussain surrendered all his rights in favour of his relation, Sajjad Hussain, who was living in this very house but had not applied for its transfer. Later, it appears that another agreement of association was executed by both the brothers in favour of the petitioner, Mst. Zuhra Begum, by which they made over all their, rights in the house to her. This agreement was also approved by the Deputy Settlement Commis­sioner on the 7th of October 1960, and a P. T. O. in pursuance thereof was issued in favour of Mst. Zuhra Begum. These conflict­ing deeds of association gave rise to a dispute over the half portion of the house, which had been given to Sajjad Hussain under the deed of association executed by Fazal Hussain in his favour. The matter was finally decided by Mr. Muhammad Saeeduzzaman, Settlement Commissioner, by his order dated the 31st of March 1964, whereby he held that Fazal Hussain had in good faith surrendered all his rights in half of the house to Sajjad Hussain, who was, therefore, a valid transferee to that extent. The petitioner, Zuhra Begum, challenged this order in writ jurisdiction in the High Court of West Pakistan, and having…

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