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Constitutional Petition No. 863 of 1975, decided on 10th May, 1980.

‑‑ Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7‑‑P. T. D. (Permanent Transfer Deed)‑ Re-determination of entitlement‑Rules 6 & 7 having been deleted no power left with Settlement authorities to deal with property title to which already passed on to transferee under a P. T. D. so as to alter, vary or, amend such P. T. D. even on ground of misrepresentation or fraud‑Power to be exercised under rr. 6 & 7, even otherwise, held, does not extend to re-determination of question of entitlement to any portion of property transferred by means of a P. T. D.

Anwar Hussain v. Sarfaraz Ahmed P L D 1971 S C 669 ref.

‑‑ Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7‑P. T. D. (Permanent Transfer Deed)‑ Re-determination of entitlement‑Settlement authority not empowered to adjudicate question of transfer after issuance of P. T. D. by means of inquiry and his jurisdiction extended only to correction of errors.‑[Jurisdiction].

Mian Muhammad Din v. Sh. Muhammad Ishaque Gaba P L D 1965 Lab 507 ref.

‑‑ Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7‑Disputed roof intended by evacuee owner to be used as roof of tenement beneath and as courtyard of first floor Matter, held, to be decided by Settlement authorities whether such roof be exclusive property of petitioner or be treated as common property of both parties and be used only as courtyard of third floor.

Akhtar Mahmood for Petitioner.

Ismail Munshi for Respondent No. 1.

Respondent No. 2 (absent) .

Date of hearing : 9th April, 1980.

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