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Civil Petition for Special Leave to Appeal No. 347 of 1975, decided on 26th October, 1980.

(On appeal from the judgment of the High Court of West Pakistan, Lahore in Writ Petition No. 480‑R of 1971).

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑

--Sched., Part I‑Transfer

of evacuee house‑No documentary evidence produced by petitioner in support of his assertion of being an allottee in prior possession of house‑Even fresh document produced by petitioner for first time in High Court not supporting petitioner's claim but on contrary disproving his claim‑Petitioner's claim, held, rightly rejected‑Constitution of Pakistan (1973), Art. 185(3).

Ch. Muhammad Anwar Buttar, Advocate instructed by Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 26th October, 1980.

ORDER

ABDUL KADIR SHAIKH, J.

‑Dispute in this case relates to the transfer of House No. 37‑S‑7, Dharampura, Lahore. The Deputy Settlement Commis sioner transferred it to Haji Khair Din, predecessor‑in‑interest of respon dents Nos. 2 to 5, on the ground that he was a claimant displaced person and an allottee and in possession, whereas the petitioner was not an allottee. Petitioner's appeal and revision against this order were dismissed but Writ Petition No. 1892‑R/1963 filed by him in the former High Court of West Pakistan, Lahore was accepted and the house was ordered to be transferred to him. However, on Letters Patent Appeal filed by Haji Khair Din a Division Bench of the High Court set aside the order of the learned Single Judge and remanded the case to the Settlement Commissioner for fresh dis posal for the reason that the learned Single Judge had wrongly permitted the petitioner to produce certain fresh documents for the first time in the High Court and since those documents were allegedly not genuine needed to be proved in the regular manner before they could be considered and acted upon.

On remand the Settlement Commissioner rejected petitioner's claim for the reason that no documentary evidence had been produced by him to establish that, he was in prior possession of the house. Petitioner's challenge to the order of the Settlement Commissioner in Writ Petition No. 480‑8 of 1971 in Lahore High Court also failed, and he now seeks Special Leave to appeal.

Ch. Muhammad Anwar Buttar learned counsel for petitioner submits that the petitioner is an allottee in prior possession from the date mentioned as 24th December, 1947 in the order of allotment issued to him, and this is conclusive proof of the claim set up by him, which should not have been ignored.

We are not impressed for reason that the High Court has rightly held that no documentary evidence had been produced by the petitioner in support, of his assertion that he was an allottee in prior possession of the house, and even the fresh document which was produced by the petitioner for the first time again in the High Court did not support his claim, on the contrary disproved it.

This petition, therefore, has no merit and is dismissed in limine.

Petition dismissed

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