FATEH ALI KHAN Versus FEDERAL LAND COMMISSION

ORDER

1. The petitioner has prayed for cancelling the mutation of entries made in favour of respondent No.3 by respondent No.4 in respect of property No.4/2, measuring 179 sq. yds. Ranchore Lines Quarters, Karachi. The submission is that the property was shown in the Survey Records to be belonging to Swami Naraindas Temple Estate Trust, which is claimed to be a religious trust and therefore, it is asserted that without notice to the said trust mutation could not be effected. The mutation has been effected on the basis of transfer of the property by Settlement Department. However, since the petitioner claims to be existing in Karachi and the property was shown in the Survey Records belonging to the petitioner as alleged by the petitioner which is not controverted by any counter‑affidavit of any one, therefore, it is right that the rights of the petitioner could not be adversely affected) by granting mutation to any other person without notice to the petitioner. Consequently the order of mutation passed by the A respondent No.4 dated 21‑10‑1976 is hereby declared to be nullity and is set aside but since there was an application for mutation by Dawood respondent No.3, therefore, the case is remanded back to the respondent No.l, for decision afresh on the application submitted by Dawood, respondent No.3. But since in Petition No.90/78 filed by Mst. Feroze it was found that respondent No.3 had transferred his interest to Mst. Feroze in 1977, therefore it would be apt and proper that respondent No.l should decide about the mutation after notice to all the parties plus Mst. Feroze.

2. H.B.T./T‑23/K Case remanded.