Mst. NAWAB BIBI vs SETTLEMENT COMMISSIONER, FAISALABAD and others
This petition for leave to appeal arises from a dispute over the transfer of a shop under settlement laws. The petitioner, who was in possession of the property, had filed a transfer application on Form RS. VIII/House. However, the property was subsequently transferred to third-party respondents. The High Court had upheld this transfer, reasoning that the petitioner's form had been returned to her and, having not been resubmitted, was not pending before the Deputy Settlement Commissioner. The Supreme Court examined the record and noted an entry indicating the form was to be returned to the applicant; however, it found no evidence proving the actual dispatch or receipt of the form by the petitioner. Consequently, the Court held that the contention that the property could not be transferred to a third party while the petitioner's application remained undisposed of carried significant legal force. Leave to appeal was granted, and the interim stay order was maintained pending the final disposal of the appeal, emphasizing the necessity of proof regarding the disposal of pending transfer applications.
- Can a property be transferred to a third party while a transfer application from a current occupant remains undisposed of?
- Does an entry in a record indicating the return of a transfer form constitute sufficient proof of its actual dispatch and receipt by the applicant?
ORDER
1. ' NASIM HASAN SHAH, J.-- The petitioner, who is in possession of the shop in dispute, had admittedly applied for the transfer of the same on 26-4-1974 on Form RS. VIII/House. The property, however, was transferred to respondent No, 4 in association with respondent No 3 vide order dated 15-6- 1974.
2. ' The learned Judge in the High Court met the plea of the petitioner to the effect that without disposal of her transfer form, the property could not be transferred to a third party by observing that the form of the petitioner had been returned to her after it was submitted and as it was not resubmitted by the petitioner, the Deputy Settlement Commissioner had no form available with him to dispose of; hence he was free to transfer the same to a third party.
3. ' We have examined the entry, on which the learned Judge has relied in coming to the conclusion that the form had been returned to the petitioner. This entry is in the following terms:- "Return original Form RS VIII/House to applicant for {{URDU TEXT}}and despatch to Mst. Nawab Bibi."
4. However, there is no proof of its actual despatch to Mst. Nawab Bibi and its receipt by her. In these circumstances, the contention of the petitioner that the shop could not be transferred to a third party, as her form for transfer had not yet been disposed of, has some force.
5. ' Leave is, accordingly, granted. Security in the sum of Rs, 1,000.
6. ' The interim stay granted on 10-9-1983 will continue to remain in operation pending the disposal of the appeal.