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Civil Petition for Special Leave to Appeal No. 677 of 1981, decided on 7th February, 1983.

(On appeal from the judgment and order of the Lahore High Court, dated 3G3‑1981, in Writ Petition 16/R/1981),

Constitution of Pakistan (1973)‑

---Art. 185 (3)‑Petition for Special Leave to Appeal‑No question of law or principle involved in case‑‑Questions of fact standing properly concluded‑Held, cannot be re‑opened.‑[Question of fact].

Sardar Nazar Hussain Dogar, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.

A. R. Shaukat, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents No. 3.

Date of hearing : 7th February, 1983.

MUHAMMAD AFZAL ZULLAH, J

.‑Leave to appeal has been sought from order dated 30‑3‑1981, of the Lahore High Court, whereby a Constitutional petition arising out of an urban settlement case, was dismissed in limine.

Petitioners applied for the transfer of a property in 1979, which was transferred to the respondent No. 3 nearly two decades ago, on the plea that the said transfer was nor of the whole unit and that some parts thereof are available' for transfer under Settlement Scheme No. IX. The findings of fact, however, are that the whole of the property had been transferred and that petitioners' application suffered from inordinate delay, which would in law amount to laches.

After hearing the learned counsel who pressed arguments to challenge findings of fact, we do not consider it a fit case for reopening the questions of fact which stand properly concluded. No question of law or principle is involved. This petition is dismissed.

S. Q. Leave refused.

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