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Civil Petition for Special Leave to Appeal No. 209 of 1977, decided on 15th March 1983.
(On appeal from the judgment and order of the Lahore High Court, dated 23‑12‑1976, in W. P. 1556/R/76).
‑‑ O. XIII, r. I‑Condonation of delay‑Petition barred by 27 days Grounds for condonation furnishing enough cause‑Delay condoned‑Constitution of Pakistan (1973), Art. 185 (3) [Delay]
Art. 185(3)‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (a) (12)‑Petitioners going out of contest girt and no longer in field claiming transfer of property‑Beneficiaries, on account of petitioner's going out of contest petitioner's close relations in first degree‑Finding of fact affirmed by High Court regarding petitioner's having voluntarily gone out of contest not interfered with by Supreme Court‑Leave refused.
S. M. Zamir Zaidi, Advocate Supreme Court and Mahmood A. Quraishi, Advocate‑.on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 15th March, 1983.
‑This petition is barred by 27 days. The ground for condonation mentioned in the application filed in this behalf. Furnishes enough cause for condonation. We accordingly condone the delay.
The subject‑matter of the writ petition, filed by the petitioners in the High Court which was dismissed in limine was the transfer of an urban property which had been divided in the Settlement operation. In the order impugned in‑ the High Court, it was observed that the petitioners went out of the contest and were no longer in the field claiming the transfer of the property. We have noticed that the beneficiaries, on account of the petitioners going out of the contest, were their close relations in first degree. Learned counsel has tried to challenge the finding of fact (affirmed by the High Court) regarding the petitioners having voluntarily gone out of the contest. After hearing him in this behalf, we find no justification to interfere with the finding of fact. This petition, accordingly is dismissed.
M.Z.M Petition dismissed
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