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‑‑ S. 16, Sched. & S. 7 ‑ Exchange of agricultural or vacant land with transferred house ‑ Evacuee house transferred to predecessor‑in‑interest of petitioner against C.H. form ‑ Transferred house within municipal limits at time of partition ‑ Later house mutated in favour of Provincial Government ‑Khasra number of house included in area sought to be exchanged for agricultural or vacant land ‑ Held, evacuee house transferred under Displaced Persons (Compensation and Rehabilitation) Act, 1958 could not be intended to be included in exchange of agricultural or other vacant lands and cannot be subject‑matter of exchange.

Mst. Ghulam Fatima v. Government of Pakistan W. P. No. 727/11 of 1972 ref.

Abid Hassan Minto for Petitioners.

Date of hearing : 2nd March, 1983.

The petitioners are successors‑in‑interest of Ch. Sultan Mahmood, who was the transferee of property No. P/13 situate on Khasra No. 4/10/2, Chak No. 213/1111, Faisalabad was originally transferred to him under the Displaced Persons (Compensation and Rehabilitation) Act, vide order dated 25th February, 1960, against his form C.H. There was some dispute about the price, which was settled amicably. Subsequently, there was another dispute about the transferability of the property under the said law but that too was finalized by Settlement Commissioner, vide order dated 28th July, 1962. A permanent transfer deed was issued on 8th of February, 1964 in the name of Ch. Sultan Mahmood.

2. On the death of Ch. Sultan Mahmood in 1970, the present petitioners succeeded him, as his heirs. In 1978, one of them went to get some documents from the revenue department. There he was informed that the property in question bad been mutated in favour of Provincial Government in pursuance of the Notification No. F‑21(6)‑57‑P issued by the Government of Pakistan, Ministry of Agriculture and Works (Rehabi litation Works Division) on 16th August, 1962. It is that mutation which is being challenged through the present writ petition.

3. It is contended by the learned counsel that the notification in question only dealt with the evacuee vacant land/agricultural land and was never concerned with the property, which had already been built upon. It is further stated that even the properties which had been transferred, sold or confirmed against claims were not subjected to the said notification, vide decision dated 12th November, 1976 in the case of Mst. Ghulam Fatima v. Government of Pakistan W. P. No. 727/11 of 1972.

4. Mr. Nazir Ahmad, clerk, who appears on behalf of the Colony office, Faisalabad, states that the property in question was within the Municipal limits, at the time of partition. He further states that the are sought to be exchanged included this Khasra number also.

5. As the property in question is admitted to be an evacuee hours measuring about 5 Kanals 12 Marlas built since before partition, it could not be intended to be included in the exchange of agricultural or other, vacant lands. Even otherwise as it had been transferred under the Displaced Persons (Compensation and Rehabilitation) Act, it could not be subject‑matter of exchange in the year 1962. Thus, the mutation in dispute is not in accordance with law.

In view of the above, the mutation referred to above, placing the property in question in the ownership of the Provincial Government is declared to be without lawful authority and of no legal effect. The result is that the P. T. D. issued in favour of the petitioners shall continue. There will be no order as to costs.

K.M.A. Petition accepted.

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