MUHAMMAD AHMAD vs WAZIR DIN AND Other
This matter involves two civil petitions for leave to appeal arising from a common judgment of the Lahore High Court concerning the transfer of portions of a residential property (Property No. 680/38, Lahore Cantt) under settlement laws. The petitioner, Muhammad Ahmad, challenged the High Court's decision which had remanded the case regarding one respondent (Rahim Bakhsh) to the Officer notified under the Evacuee Properties and Displaced Persons (Repeal) Act, 1975, for a comparative merit assessment, while simultaneously rejecting the petitioner's appeal against another respondent (Wazir Din). The Supreme Court granted leave to appeal to consider whether, upon remand, the merits of all three occupants should be evaluated collectively by the same authority to prevent conflicting decisions and to determine if all occupants could be accommodated, given their long-standing possession of the property for over 30 years. The Court ordered the maintenance of the status quo regarding possession, conditional upon the petitioner depositing monthly rent with the Rent Controller where ejectment proceedings were pending.
- Should the merits of all occupants of a property be considered by the same authority upon remand to avoid conflicting decisions?
- Can the Supreme Court grant leave to appeal to determine if multiple occupants can be accommodated in a single property based on long-term possession?
- Section 3, Evacuee Properties and Displaced Persons (Repeal) Act, 1975
ORDER
1. NASIM HASAN SHAH, J.-This order will govern Civil Petition No. 227 of 1976 and Civil Petition No. 231 of 1976, as both are directed against a common judgment passed by a Division Bench of the Lahore High Court, while disposing of L. P. A. No. 246 of 1967 and L. P. A. No. 247 of 1967. It may here be mentioned that Civil Petition No. 227 of 1976 arises out of L. P. A. No. 247 of 1967 whereas Civil Petition No. 231 of 1976 arises out of the judgment passed in L. P. A. No. 246 of 1967.
2. The petitioner in both the petitions is Muhammad Ahmad. The con--testing respondent in L. P. A.
3. No. 246 of 1967 is Rahim Bakhsh, while the contesting respondent in L. P. A. No. 247 of 1967 in Wazir Din. All three of them are occupying parts of a residential building, namely, Property No. 680/38, situated in Bazaz Mohallah, Lahore Cantt. After protracted proceedings before the Settlement authorities, the matter eventually was brought to the Lahore High Court in its writ jurisdiction and ultimate on appeal before a Division Bench in the High Court in L. P. A. Proceedings. The learned Bench hearing both the appeals on 17-12-1975 partly accepted L. P. A. No. 246 of 1967 directed against the transfer of a part of the property to Rahim Bakhsh and remanded the case to the Officer notified under sec--tion 3 of the Evacuee Properties Displaced Persons (Repeal) Act, 1975 to consider the comparative merits of the petitioner vis-a-vis Rahim Bakhsh with regard to the portion originally transferred to the latter and decide as to who was better entitled to its transfer.
4. However, the appeal of the petitioner directed against Wazir Din (through L. P. A. No. 247/67) was rejected.
5. After bearing Ch. Khalil-ur-Rehman, learned counsel for the petitioner at some length we are inclined to grant leave to appeal both the matters to consider, inter alia, whether while rehearing the case, the merits of all the three occupants in the property should not be considered by the same authority in order to avoid conflict of views and also to see whether all three of them cannot be accommodated in the building when they have beer! Residing therein for at least 30 years.
6. Security in the sum of Rs. 2,000 in each petition.
7. Status quo with regard to the possession to be maintained subject to petitioner's depositing the monthly rent in the Court of the Rent Controller before whom, we understand, proceedings for ejectment are already pending.