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NAZIR MUHAMMAD versus MUHAMMAD YASIN


Section 2 (12) Constitution of Pakistan (1973), Article 185 (3) The transfer of property to the respondent, though the possession of the property is under consideration by the Appellate Settlement Authority and on the basis of a thorough scrutiny of the records, he transferred it. Yet, neither the reviewing authority nor the judicial jurisdiction examined the record as to whether such respondent's property was occupied or not. The facts of the question, however, were well appreciated by the High Court. Was based on a reasonable definition of the record whose appeal was excluded because of its merits.

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