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Civil Petition No. 988 of 1976, decided on 19th October, 1980.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 9-8-1976 passed in W. P. 1172/R/1976).
Sched.-Transfer of evacuee property-Contention that after issuance of Permanent Transfer Deed in favour of petitioner, property ceased to be evacuee property and Settlement Authorities no longer possessed any jurisdiction to embark upon its demarcation and question of transfer of property could not be re-opened unless fraud or misrepresentation alleged on part of petitioner but no such allegation made-Settlement Officer having inspected spot and found room in dispute to be unquestionably part of evacuee house transferred to respondent and entrance leading to room from -- respondent's house having been recently blocked so as to amalgamate such room with house transferred to petitioner and such finding being not disturbed in appeal and revision, no compelling justification, held, existed for Supreme Court to re-open matter.
Anwar Husain v. Sarfraz Ahmad P L D 1971 S C 669 ; Muhammad Hussain v. Muhammad Bashir P L D 1974 Lah. 446 and Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another 1974 S C M R 8 ref.
Ch. Muhammad Sadiq, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing : 19th October, 1980.
-This petition concerns a dispute regarding the proper demarcation of one room, which the petitioner claims to be part of the evacuee house transferred to him under the Settlement law. This house bears No. MY/38-53 and is situate in Ward No. 24/6 in Pindi Bhatian in the District of Gujranwala. The permanent transfer deed for this House was issued to the petitioner on 26-6-1963. The adjoining House bearing No. MY/38-51 was similarly transferred to respondent No. 1 Gulab Khan. After repeated proceedings before the Settlement Officers, the room in dispute has been held to be a part of the house transferred to the respondent.
The petitioner challenged the orders of the Settlement Authorities by filing a writ petition in the High Court, but the same has been dismissed in limine by a learned Judge of the High Court by his order dated the 9th of August, 1976. The petitioner seeks leave to appeal.
The main contention raised on behalf of the petitioner by his learned counsel, Ch. Muhammad Sadiq, is that after the issuance of the permanent transfer deed on the 26th of June, 1963, in favour of the petitioner the property had ceased to be evacuee property, and, therefore, the Settlement Authorities had no jurisdiction to embark upon its demarcation. The learned counsel further submits that the question of the transfer of the property could not be re-opened unless there was fraud or misrepresentation on the part of the petitioner, but there was no such allegation in the present case. In support of these submission the learned counsel has drawn our attention to Anwar Husain v. Sarfraz Ahmad (P L D 1971 S C 669 ), Muhammad Hussain v. Muhammad Bashir (P LD 1974 Lah. 446). and Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another (1974SCMR8).
After hearing the learned counsel at some length, and examining the very detailed order made by the learned Deputy Settlement Commissioner after spot inspection, we are of the view that this is not at all a fit case for our interference. This officer found on the spot that the room in dispute was unquestionably a part of the evacuee house transferred to the respondent, and that the enterance leading to the room from the respondent's house had been recently blocked, so as to amalgamate the room with the house transferred to the petitioner. This finding of fact has not been disturbed by the Additional Settlement Commissioner in appeal or the Settlement Commissioner in revision. In these circumstances.
There does not seem to be any compelling justification for us to re-open the matter.
The petition, accordingly, fails and is hereby dismissed.
Petition dismissed.
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