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Petitioner: QAMAR UD DIN Represented By Legal Heirs VS Respondent: MANSOOR AHMAD MALIK, Additional Settlement Commissioner And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Saad Saood Jan Title:QAMAR UD DIN Represented By Legal Heirs vs MANSOOR AHMAD MALIK,
Additional Settlement Commissioner And Other Case No.: Civil Petition No.886 of 1980 Writ Petition No.1159-R of 1974 Date of Judgment:1987-07-20 Reported As: 1987 SCMR 1928 Result: Petition dismissed Judgment ORDER NASIM HASAN SHAH, J.--The petitioners are locals residing in a part of a three-storeyed evacuee house situated in Gowalmandi, Lahore. The application submitted by them under Settlement Scheme No. VIII for transfer of the portion of the house in their occupation on 24-10-1966 was dismissed on the ground that the entire house already stood transferred to two other parties, who too were occupants of the house but were claimants or non-claimants, by the order dated 28-9- 1966 passed by the Additional Settlement Commissioner and hence they could not be transferred any part of the house as no part of it was "available" for transfer. This being the condition prerequisite for transfer under Settlement Scheme No. VIII. The said view of the Settlement authorities was upheld by the High Court while dismissing the writ petition filed by the petitioners. Hence this petition for leave to appeal. The view taken by the Settlement authorities and upheld by the High Court is plainly correct. No ground for interference with their orders, therefore, exists. This petition is dismissed.