HAJI MUHAMMAD vs HAJI HABIB AND 3 Other
This petition for special leave to appeal challenges a judgment of the Sind High Court, which remanded a property dispute to the Settlement Authorities for a fresh hearing. The core legal question was whether the Settlement Authorities retain jurisdiction to clarify the scope of property transfers after a Permanent Transfer Deed (PTD) has been issued. The petitioner argued that the authorities became functus officio upon the issuance of the PTD. The Supreme Court, relying on the principle established in Anwar Hussain v. Sarfraz Ahmad (PLD 1971 SC 669), held that while Settlement Authorities generally become functus officio after the issuance of a PTD, they remain competent to clarify the exact portions of properties transferred, particularly when the property serves a dual purpose or when ambiguity exists regarding the scope of the transfer. The Court endorsed the High Court's decision to remand the matter for such clarification, finding no merit in the petition. The key principle laid down is that Settlement Authorities possess the residual jurisdiction to clarify the extent of property transfers even post-PTD issuance to resolve disputes regarding specific portions of the transferred premises.
- Do Settlement Authorities become functus officio regarding property transfers immediately upon the issuance of a Permanent Transfer Deed?
- Can Settlement Authorities clarify the scope of property transfers after a Permanent Transfer Deed has been issued?
- Is a dispute regarding the transfer of a roof or courtyard subject to clarification by Settlement Authorities after the issuance of a Permanent Transfer Deed?
ORDER
1. ABDUL QADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of Sind High Court dated 10th May, 1980 by which Constitutional Petition No. 863 of 1975 filed by Haji Habib, predecessor-in-interest of the Respondents, I-A to I-H, was allowed with the result that the case was remanded to the Officer concerned for fresh hearing o f the dispute between the parties.
2. The controversy concerns transfer of courtyard and passage to the premises bearing No. 2/1, 2/4 and 2/5 and the roof over the pre--mises bearing No. 2/1 situated in Building No. B.R, 5/22/5 and 6 Bunder Road, Karachi, These premises were transferred to the petitioner and PTD was issued to him.
3. Haji Habib was transferred premises on the third floor of the Building bearing Nos. 3/1 and 3/2.
4. The order of the learned Single Judge in the High Court is based on the observations made by the Court in Anwar Hussain v. Sarfraz Ahmad (PLD 1971 SC 669) that "after title has passed on to the person in whose favour a P.T.D. Has been issued, the Settlement Authorities become functus officio to deal with that property." It was, however, clarified that in certain circumstances the Settlement Authorities are competent to interfere even after issuance of the P.T.Ds. The dispute between the parties in that case also related to transfer of roof, and it was observed under that the roof serves a dual purpose, namely, as roof of the tenement under it, and also a courtyard of that tenement, and clarification with regard to the transfer of roof is to be made by the Settlement Authorities even after P.T.D. Has been issued. It was on this view of the case that this Court referred the dispute regarding the transfer of the roof in that case to the Settlement Authorities for making the clarification.
5. This is exactly what the learned Single Judge has directed by the impugned order and we fully endorse his views that on the facts and circumstances of the present case, it was for the Settlement Authorities to clarify the exact portions of the properties transferred to the parties under the P.T.D. Issued to them.
6. On this view of the case, we find no merit in this petition and dis--miss it in limine.