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Civil Petition for Special Leave to Appeal No. 38 of 1970, M decided on 10th April 1970.
(On appeal from the judgment and order of the High Court M of West Pakistan, Lahore, dated the 25th November 1969, in L. P. A. No. 242 of 1964).
, Sched., Part I‑House transferred to A‑B, in occupation of house, accepting A as his landlord and paying rent to him‑Subsequently B filing review petition before Settlement Authorities and on same having been dismissed moving High Court in writ jurisdiction‑High Court directing transfer of house to Contention that B having once accepted A as his landlord was in law barred from disputing claim of A‑Special Leave to Appeal granted by Supreme Court‑Evidence Act (I of 1872), S. 116.
Mazharul Haq Sheikh, Advocate Supreme Court instructed by Masood Akhtar Sheikh, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 10th April 1970
‑Muhammad Hanif, petitioner, a claimant displaced person, is transferee of a house in the occupation of Ch. Muzaffar Hussain, respondent, a local. The Deputy Settlement Commissioner issued the P. T. O. in the name of the petitioner on 8‑1‑1960 whereupon he gave notice to the respondent under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on 29‑6‑1960, and asked him to pay rent. The respondent who too had filed an LH Form, but was held to be ineligible for transfer thereupon accepted the petitioner as his landlord and paid rent to him from time to time. He also gave notice to the petitioner on 21‑1‑1962 for carrying out certain repairs to the house.
Subsequently there was default in payment of rent whereupon the petitioner filed application in the Court of the Rent Controller for eviction of the respondent. The application was on contest accepted and on 24‑11‑1962 the Controller gave directions to the respondent to deliver possession to the petitioner. In the meantime, the respondent had on 15‑9‑1961 applied to the Deputy Settlement Commissioner for transfer of the house. He also moved the Additional Settlement Commissioner on 26‑3‑1962 for review of the order by which the house was transferred to the petitioner under the earmarking scheme. Review was refused by the Settlement Commissioner on 9‑8‑1962 as by then the power to review had been taken away.
The respondent thereupon filed Writ Petition No. 1875/R of 1962 in the High Court at Lahore which was allowed by a learned Single Judge and the transfer in favour of the petitioner was set aside and a direction was given to the Settlement authorities to transfer the house to the respondent. Letters Patent Appeal preferred by the petitioner was dismissed by a Division Bench against which the petitioner now seeks leave to appeal.
It is contended that the transfer in favour of the petitioner had become a past and closed transaction which could not be subsequently challenged by the respondent. Further having accepted the petitioner as his landlord the respondent was in law barred from disputing his title (section 116, E. Act).
There is force in the contentions raised in support of the petition. Leave to appeal is granted. Security‑Rs. 500.
Leave granted.
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