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Civil Petition for Special Leave to Appeal No. 349 of 1967, decided on 12th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th May 1967, in Letters Patent Appeal No. 183 of 1967).
---Sched., Part I and Settlement Scheme No. VIII High, Court in writ petition (against order of Settlement Authority) ordering that house be disposed of in accordance with compromise arrived at between parties‑Prior to passing of order of High Court Settlement Scheme No. VIII enforced‑Local in possession of house of value of more than Rs. 10,000 in circumstance whether cannot claim transfer‑Special Leave to Appeal granted by Supreme Court to consider question.
M. A. Zullah, Senior Advocate Supreme Court (Fazl‑i -Mahmood, Advocate Supreme Court with him) instructed by Maqbool Ahmad Rana, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 12th October 1967.
The dispute is in relation to the transfer of an evacuee house situated in Rawalpindi under the Displaced Persons (Compensation and Rehabilitation) Act, 1958.
The house being of the value of more than Rs. 10,000 the petitioner a local in possession did not apply for its transfer. However, there was a contest for the transfer of the house between the respondent No. 1 with whom the respondent No. 2 had associated and the respondent No. 3. The Settlement Commissioner by order dated 21‑12‑1963 held that neither party was eligible for transfer and directed that the house be disposed of by auction. Both the parties felt aggrieved by the order and filed separate writ petitions in the High Court which were disposed of by a learned Single Judge on the basis of the compromise arrived at‑ between the parties that the house be divided and transferred to them in parts. This order was made after the Settlement Scheme No. VIII, had been. enforced: which made the locals in possession of houses of the value of more than Rs. 10,000 eligible for their transfer.
The petitioner who had in pursuance to the Settlement Scheme No. VIII acquired an entitlement for transfer of the house on the‑ basis of his possession thereupon filed a Letters Patent appeal before a Division Bench in the High Court which was barred by time. The learned Judges nevertheless considered the case on merits and found that the petitioner had no entitle ment for the transfer of the house and dismissed the appeal. Being aggrieved by the order of the High Court the petitioner has applied for special leave to appeal.
It is pointed out that the question raised in this petition viz. the eligibility of locals for the transfer of the houses under Settlement Scheme No. VIII in similar circumstances is pending consideration by this Court in C. P. S. L. A. No. 109 of 1966 Nur‑ud‑Din v. Qaim‑ud‑Din. In another recent case Messrs Jacob v. G. M. Ghouri have to appeal was granted‑ to‑ consider the same question.
In the circumstances leave to appeal is granted. Security in the sum of Rs, 1,000.
Leave granted.
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