KHUDA BUX BHANGO versus SETTLEMENT COMMISSIONER (LAND)

Section 4 and 10 of the Homeless Land (Land Settlement) Act 1958 Pakistan (1973), Article 199 ev Withdrawal of land transfer is not available on record to show that the property was disposed of in a dispute in 1951. The property was never considered vacant by the Rehabilitation Authority but on the contrary it was stated that the property was not only recorded in the possession of a Muslim but also in the disputed possession that the petitioner states. His father purchased the property under a dispute in 1941, through which the original sale was made and the records of the revenue records Was verse. On the basis of such sale, the applicant filed a certified copy of Form 7A which states that even in Custodian Khata, the disputed property was in the name of the applicant's father. And cannot be legally transferred under the provisions of Act XLVII. In 1958, the fact that in the case of female B, issued in favor of the respondents in 1961, was entered with the controversial survey number. The second survey number could not be declared a vacant property which became part of the pool of compensation. Under the provisions of the Act of 1958, the preliminary process of allotment of property in dispute was allotted without jurisdiction and subsequent proceedings were held without notice to the applicant. Aware of the change in 1979 ation in mut, which was done in favor of the respondents, filed an appeal before the Revenue Authorities, who accepted the petitioner's argument, 5 1979 1979 1979 1979 on the Court. To appear in court

1987 M L D 2343

[Karachi]

Before Fakhruddin G. Ebrahim, J

ABDUL AZIZ--Petitioner

versus

NOOR MUHAMMAD and others--Respondents

Constitutional Petition No.505 of 1974, decided on 12th August, 1978.

Pakistan (Administration of Evacuee Property) Act (XII of 1937)-

---Ss.14 & 25--Constitution of Pakistan (1973), Art.199 Application of respondents under Ss.14 & 25 of Act granted by Deputy Custodian and confirmed by Custodian--Petitioner on coming to know of said order filing appeal before Custodian who refused to interfere on ground that order of Deputy Custodian already stood confirmed by him--Such ground, held, was not sufficient for non-suiting the petitioner for he was entitled to be heard on merits and ought to have been made a party to proceedings filed by respondents Order of Custodian set aside with the result that appeal of petitioner would be deemed to be pending for disposal by Custodian in accordance with law.

Khalilur Rehman for Petitioner

Respondents Nos.1 to 6 called (absent).

Abdul Sattar on Court notice.

JUDGMENT

The petitioner is the purchaser of land in dispute from transferee since the year 1970. On 23-2-1973, the respondent Nos.1 and 2 made an application a/ss.14 and 25 of Act XII of .1957 which was granted by the Deputy Custodian on 14-9-1973 and confirmed by the Custodian on 5-2-1974. When the petitioner came to know of these order he filed an appeal before the Custodian who refused to interfere on the ground that the order of the Deputy Custodian already stands confirmed by him. To my mind this was not a sufficient ground for non-suiting the petitioner for he was entitled to be heard on merits inasmuch as he ought to have been, as recorded owner made a party to the proceedings filed by respondent Nos.1 and 2 under sections 14 and 25 of Act XII of 1957. The order made by the Custodian is, therefore, set aside with the result that the petitioner's appeal will be deemed to be pending to be disposed of by the learned Custodian in accordance with law.

S.Q./A-150/K Petition allowed.

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