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Civil Petition for Special Leave to Appeal No. 288 of 1967, decided on 12th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th May 1967, in Writ Petition No. 14/R of 1964).
------Sched., Part I‑ Whether a person had filed C. H. Form in time‑Question whether could be gone into by High Court in writ jurisdiction‑Special Leave to Appeal granted by Supreme Court to consider question.
F. M. Anwari, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing :12th October 1967.
The dispute in this case is with respect to house No. 78/48 situate at Shorkot in ‑the district of Jhang.
In 1960, it was put in the earmarking scheme and as in the lots it was drawn in the name of Matiulluh a formal P. T. O. was issued to him.
Representation of Kafeel Ahmad Shah, a claimant displaced person who was in possession of the house, for deletion of the house from the earmarking scheme was rejected and his objection that before disposal of his C. H. Form transfer of this house t, earmarking scheme was illegal, was overruled by the Settlement Department. The Department took the view that he had not filed C. H. Form in time.
Kafeel Ahmad then moved a writ in the High Court. The learned Judges who heard the writ petition held that the petitioner Kafeel Ahmad Shah had in fact filed the form and he cannot be disentitled on the erroneous ground that no form had been filed by him'. They therefore ordered that the house should be transferred to Kafeel Ahmad Shah. Matiullah seeks Special Leave to Appeal to this Court.
It was contended that determination of the question whether Kafeel Ahmad Shah had filed a C. H. Form within time should have been left to the Settlement Department.
In our opinion, the above contention is not entirely without force.
We accordingly grant leave to appeal as prayed.
Security Rs. 1000
Leave granted.
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