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Civil Appeal No. 180 and Civil Petition No. 149‑R of 1980, decided on 29th November, 1980.

(On appeal from the judgment and order dated 13‑7‑1980 of the Peshawar High Court, Peshawar in W. P. No. 437 of 1977).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3)‑Leave to appeal‑Parties reaching to a Settlement Petition for leave to appeal converted into appeal and disposed of in terms of settlement.

Qazi Abdur Rashid, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.

Maqbool Elahi Malik, Advocate Supreme Court for Respondent No. 1.

Nemo for Respondents Nos. 2 to 7.

Date of hearing: 29th November, 1980.

.‑After bearing the learned counsel for the parties we have decided to convert this petition into an appeal, and disposed of in terms of the settlement reached between the parties to the following effect.

(a) The permanent transfer deed issued by the Settlement authorities in favour of the petitioners, namely, Muhammad Shafi and his brothers Shabir Ahmad, Bashir Ahmad, Abdur Rashid and Ibne Hassan, in respect of the house Bearing No. 2848‑49 (Old No. 274‑75), shall remain intact subject to the modification that the petitioners shall have no right, interest or title whatsoever in the land on which the evacuee superstructure stands; that their rights and liabilities in regard to the superstructure of the house shall be the same as obtained in favour of the non‑Muslim evacuees, with the result that the legal representatives of Qalandar Khan would be entitled to ask for vacant possession of the site in accordance with law, if they have any such right;

(b) The Intra‑Court Appeal filed by the petitioners in the Peshawar High Court stands withdrawn; and

(c) The parties will bear their own costs.

Order accordingly.

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