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Settlement Appeal No.33 of 1971, decided on 13th May, 1986.
‑‑‑S.10(1)(b)‑‑Validation of permanent transfer of evacuee trust properties‑‑Permanent transfer deed, in respect of disputed property, subsequently declared to be evacuee trust property, having validly been issued by Settlement Authorities in favour of transferees of same, prior to June, 1968‑‑Such transfers held, stood ' validated as per S.10(1)(b) of Act (XIII of 1975).
Ashiq Hussain Malik for Appellants.
Sajjad Raza Jaferi for Respondent No.2.
Date of ‑hearing: 13th May, 1986.
This appeal is directed against order, dated 22‑5‑1971 of the Additional Commissioner (Revenue) with powers of Chief Settlement Commissioner, Sargodha Division, whereby he declared the disputed property as Evacuee Trust Property.
2. It is submitted that the appellants were allotted disputed sites by the Rehabilitation Department and thereafter on payment of full price Permanent Transfer Deeds were issued in their favour in the year 1965. It was contended that the appellants after obtaining sanction from the Municipal Committee, Bhakkar constructed houses on the disputed sites by making investment of substantial amounts. The property was thereafter declared Evacuee ‑Trust Property vide the impugned order passed‑ by respondent No.1. Hence this appeal.
3. Learned counsel for the appellant contended that by virtue of the provisions of S.10(b) of the Evacuee Trust Properties (Management of Disposal) Act XIII of 1975, the transfers of property made in favour of the persons prior to June, 1968 stood validated. It was argued that the petitioners had obtained Permanent Transfer Deeds in respect of the disputed property long before the target date as such the impugned order passed by respondent No. l lost its efficacy after the enforcement of the provisions of the aforesaid Act.
4. Mr. Sajjad Raza Jaferi, Advocate appearing on behalf of Chairman, District Evacuee Trust Committee, respondent No.2, did not join issue on this legal proposition, as according to him, after the enforcement of the relevant provisions of law, the transfer of the property in dispute made to petitioners as an evacuee property stood validated.
5. I have heard learned counsel for the parties and perused the file together with the relevant provisions of law. The appellants got allotment of property in dispute from the Rehabilitation Department and, thereafter the same stood transferred in their favour by the Settlement Department. They had paid price thereof and had obtained Permanent Transfer Deeds in respect thereto. The provisions of section 10(b) of Act XIII of 1975 validated transactions made of urban properties transferred prior to June, 1968. Admittedly the appellants are transferees of the disputed property prior to June, 1968, as such, the transactions made in their favour stood validated.
6. The impugned order passed by respondent No.1, is, therefore, declared to be of no legal effect. This appeal is allowed with no order as to costs.
H. B. T. Appeal allowed.
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