1991 SCMR 84 SUPREME-COURT

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DOST MUHAMMAD VS MEMBER BOARD OF REVENUE Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ---S. 10---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to transfer of evacuee property---Contesting respondents securing P.T.D. in respect of shops in question in their favour on 15-3-1963---Petitioner applying to notified officer on 29-2-1984. to examine the case on basis of earlier order passed by Additional Settlement Commissioner on 1-2-1960, and also applying to Board of Revenue for transfer of shops in question---Petitioner remained unsuccessful upto High Court where petitioner's Constitutional petition was dismissed---Leave to appeal--Petitioner appeared to be guilty of gross negligence in the prosecution of his claim as he did not file any application for transfer of disputed shops till 1984--Petitioner in fact had attorned as a tenant to a person who had secured the ownership rights in the shops---Person so securing ownership rights had subsequently gifted the shops to his son who had succeeded in evicting petitioner from the premises---Petitioner's attempt to secure transfer of shops was only a belated attempt to forestall eviction order passed against him---Petition for leave to appeal being without merit was dismissed in circumstances.