Shaikh KHALIL UR REHMAN vs MUHAMMAD IQBAL KHAN AND 3 Other
This matter concerns a petition for special leave to appeal against an order of the Lahore High Court, which upheld the dismissal of the petitioner's appeal regarding the transfer of a disputed house. The petitioner, claiming a superior right as a displaced person from Jammu & Kashmir, challenged the transfer of the property to his mother, Mst. Maryam Jan, by the Deputy Settlement Commissioner, arguing his own claim form (KNCH) was ignored. The core legal question was whether the petitioner's appeal against the transfer order, filed years after the initial transfer, was time-barred. The Supreme Court held that the petitioner, who resided in the house with his mother, failed to challenge the transfer within the prescribed period of limitation. The Court rejected the petitioner's claim of ignorance regarding the transfer as unworthy of credence. Consequently, the Court affirmed the lower authorities' findings that the appeal was hopelessly barred by time and dismissed the petition in limine, upholding the principle that property transfer challenges must be brought within the statutory limitation period.
- Can a challenge to a property transfer order be entertained if the appeal is filed beyond the prescribed period of limitation?
- Is a resident of a disputed property entitled to claim ignorance of a transfer order involving that property to justify a delay in filing an appeal?
- Article 199, Constitution of Pakistan 1973
ORDER
1. ABDUL KADIR SHAIKH, J.-The facts of this case briefly stated are that by the order dated 11-1-1960, the Deputy Settlement Commissioner, Lahore transferred the house in dispute to petitioners mother, Mst. Maryam Jan, on her N. C. H. Form and she later on associated Muhammad lqbal Khan, respondent No. 1 herein, to whom transfer documents were issued. On 30-11-1962 petitioner challenged the transfer in his mothers favour in an appeal to the Additional Settlement Commissioner on the ground that he had also claimed transfer of the house under KNCH form filed on 20-11-1959 which had not been taken into consideration. The memorandum of the appeal being incomplete, was returned to the petitioner and he then refiled it on 17-7-1963. Finally, the Additional Settlement Commissioner dismissed the appeal as hopelessly barred by time, rejecting petitioner's plea that he had no knowledge of the transfer of the house in his mother's favour. Petitioner's revision application to the Settlement Commissioner failed for the same reason, and the Lahore High Court on being moved by the petitioner through a petition under Article 199 of the Constitution also refused to interfere with these orders. It is in these circumstances that the petitioner approached this Court for special leave to appeal.
2. Mr. Tanvir Ahmad, Advocate submits that the petitioner being a displaced person from Jammu & Kashmir had a superior claim to the transfer of the house than that of his mother and since the KNCH form by him was not even considered, the transfer in favour of petitioner's mother was totally invalid in law.
3. This plea has been rightly rejected by the High Court on the ground that the petitioner had chosen not to challenge the transfer of the house in his mother's favour within the prescribed period of limitation. Admittedly be was residing in the disputed house with his mother and his assertion that he had no knowledge of the transfer of the house in his mother'--s favour was also rightly rejected as unworthy of credence. The view that prevailed with the learned Additional Settlement Commissioner and the High Court that the petitioner's appeal was hopelessly barred by time, therefore, does not call for interference.
4. This petition has no merit and is dismissed in limine.