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Civil Petition No. 731 of 1983, decided on 26th June, 1983.

(From the judgment, dated 1‑3‑1983 of the Lahore High Court passed in Letters Patent Appeal No. 34 of 1972) .

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10‑‑Transfer of evacuee property through public auction‑‑Leave to appeal‑‑Granted to consider question whether workshop in dispute had been included in property subject‑matter of auction in favour of respondent.

Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Sheikh Zia Ullah, Advocate Supreme Court instructed by Ijaz Ahmad Khan, Advocate‑on‑Record for Petitioners.

Shehzad Jehangir, Advocate Supreme Court for Respondents Nos. 1 to 3.

S.M. Zafar, Senior Advocate, Supreme Court with Ijaz Ahmad and Muhammad Hussain, Advocate Supreme Court for Respondent No. 4.

Date of hearing: 20th June, 1983.

J.‑‑ The property situate on Khasra No. 1838 comprising an area of 45 Kanals 7 Marlas had been purchased jointly by Trikha Ram and the sons of Piara Singh in a Court auction. Later a dispute arose between the joint owners, which was resolved through arbitration in 1944, in the result of which the share of the sons of Piara Singh was purchased by Musadi Mal and Moolchand, the sons of Trikha Ram. On 30‑6‑1946 a mutation was sanctioned in favour of the sons of Trikha Ram showing them as owners of the whole property. They were also shown as owners of the property in the Urban Immovable Property Tax record for the year 1946‑47. After the Partition, however, the property came under the occupation of different persons. On 21‑7‑1959 auction was held of the property known as "Trikha Ram Musadi Mall Cotton Ginning, Pressing and Oil Factory". In favour of M.M. Khalil respondent No. 4 and on his payment of the price, a P . T . D . was issued in his name on 27‑4‑1964 for the whole area, that is, 45 Kanals 7 Marlas. The petitioner in whose favour a P.T.D. had issued on 13‑5‑1960 for Piara Singh Workshop comprising 22 Kanals 13 Marlas, applied for amendment of the respondent's P.T.D. so as to exclude that area but failing before the Settlement authorities moved Writ Petition No. 1655/11 of 1964 which was accepted by a learned Single Judge of the Lahore High Court on 9‑2‑1972 but the judgment was reversed on 1‑3‑1983 by a Division Bench of that Court in Letter. Patent Appeal brought by respondent M.M. Khalil. The petitioner has, therefore, moved this petition for leave to appeal.

2. It is contended that what had been put to auction in the name of "Trikha Ram Musadi Mall Cotton Ginning, Pressing and Oil Factory' had actually been only the cotton factory portion of the property comprising an area of 22 Kanals 14 Marlas and that the Piara Singh Workshop portion of the property had not been the subject of that auction. In this connection it is submitted that the two portions has been right from the time of the partition, treated and dealt with b; the Rehabilitation and Settlement authorities as separate properties that the cotton factory portion had been before its auction, allotted t Messrs S.M. Yousaf while Piara Singh Workshop portion had been allotted to another party, namely, Ahmad Brothers, from whom the petitioner had succeeded.

3. After hearing learned counsel for the parties and going through the record of the Settlement Department, we find that the question whether Piara Singh Workshop had been included in the property subject‑matter of the auction held on 21‑7‑1959 in favour of responder M. M. Khalil requires consideration. Leave to appeal is, therefore, granted Security shall be furnished in the sum of Rs. 3,000. Status quo shall continue to be maintained.

S.Q. Leave granted

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