NAJAM UD DIN vs SETTLEMENT AND REHABILITATION COMMISSIONER AND Othrss
This matter concerns a property dispute regarding the demarcation of evacuee property, specifically House No. 150 in Chiniot, which the petitioner, Najam-ud-Din, purchased at a government auction. Following the purchase and issuance of a Permanent Transfer Deed (P.T.D.), disputes arose regarding the physical boundaries of the property, as the occupant, Ghulam Muhammad, had merged the house with an adjoining property. The Deputy Settlement Commissioner conducted a demarcation, which was subsequently challenged in appeal and revision proceedings. The petitioner eventually filed a writ petition in the Lahore High Court, which was dismissed due to significant, unexplained delay in refiling the petition after it was returned with objections. The Supreme Court upheld the High Court's dismissal, agreeing that the delay in refiling was inexcusable. Furthermore, the Court held that the demarcation of property boundaries constitutes a question of fact, which is generally not subject to interference in writ jurisdiction. Additionally, the Court noted the petitioner's own indolence in failing to object while the properties were being demolished and rebuilt, thereby precluding relief.
- Is the demarcation of property boundaries considered a question of fact?
- Can a writ petition be dismissed on the ground of unexplained delay in refiling after the removal of objections?
- Does a petitioner's failure to object to the demolition and reconstruction of property constitute laches or indolence?
ORDER
MUSHTAQ HUSSAIN, J.-House No. 150 in Ward No. 14, Chiniot, District Jhang, which was in the occupation of one Ghulam Muhammad and belonged to Lai Chant, an evacuee, was purchased in an auction held by the Settlement Department by Najam-ud-Din, petitioner. He paid the full price and a P. T. D. Was duly issued. An adjoining house bearing No. 125 which was owned by Ram Lal and occupied by the same Ghulam Muhammad was similarly auctioned later. Still another House No. 126 was purchased by Abdul Karim. A P. T. D. Was issued to him and he sold it to the sons of Ghulam Muhammad. A dispute arose as to the property which had been transferred to Najam-ud-Din. The D. S. C. Before whom the matter went held that there was no property bearing No. 150. He found that there were three houses numbering 125, 125-A and 126. The petitioner applied for the eviction of Ghulam Muhammad from House No. 150 but the Rent Controller asked him to go to the Settlement Department for demarcation of the property so that it may be conclusively found out as to which part of the property had been transferred to the petitioner.
2. An application was filed before the Deputy Settlement Commissioner by Ghulam Muhammad for demarcation of House No. 150, Ward No. 14, Chiniot. The Deputy Settlement Commissioner inspected the Houses Nos. 125 and 150 and examined the situation "thoroughly by checking the situation of other houses in the locality." As a result of his investigation he found that Houses Nos.
125 and 150 were adjacent houses and Ghulam Muhammad was the occupant of both of them. The sons of Ghulam Muhammad purchased house No. 125 from Abdul Karim. They then demolished houses Nos, 125 and 150 both and redesigned and rebuilt them as one pacca cemented house. He, therefore, demarcated house No. 125 and marked it as A B C' D in the plan and 150 as A D E F. He announced his order on 7-12-196 7.
3. Talib Hussain son of Ghulam Muhammad filed an appeal against this order before the Additional Settlement Commissioner who by his order dated i0-`5-1968 accepted the appeal. He held that Talib Hussain has rightly often held entitled to the area in his occupation by the Deputy Settlement Commissioner vide order dated 24-6-1966 and the present D. S. C. Was not justified in holding the part of his house as House No. 150.
4. Najam-ud-Din filed a revision petition which was dismissed on 4-2-1970 by the Settlement & Rehabilitation Commissioner, Sargodha. One of the grounds which found the basis of the order of the learned Settlement Commissioner was that no appeal having been filed against the order of the Deputy Settlement Commissioner dated 24-6-1966, the matter stood finally closed and it was not open to the successors of this D. S. C. To reopen the matter and give the decision that he did.
5. Najam-ud-Din, therefore, filed a writ petition before the Lahore High Court which was dismissed on the ground that it was initially flied on 29-6-1970 but was returned with certain objections which were directed to be removed within seven days. The petitioner, however, took two ears to retie the petition and the delay as attributed to the clerk of the counsel` which the learned Judge held not to be a reasonable cause.
6. We fully agree with the reasons given by the learned Single Judge of the Lahore High Court and would add that the question whether the house was correctly demarcated or not is patently a question of fact and, in any case, the petitioner kept quiet when the houses were being demolished and being rebuilt. He seems to have been indolent throughout. This petition has, therefore, no legs to stand upon and is dismissed.