ABDUL RASHID SHAH And Others vs SETTLEMENT COMMISSIONER, LAHORE
This petition for special leave to appeal challenges an order of the Lahore High Court, which dismissed the petitioners' constitutional petition regarding the transfer of an evacuee property. The petitioners, heirs of the original occupant, contended that the entire Khata measuring 4 Kanals and 4 Marlas had been transferred to their father, A.I. Haider Shah, and therefore, the subsequent transfer of a portion of this property to respondents Nos. 3 to 6 was illegal. The core legal question was whether the entire Khata was indeed transferred to the petitioners' predecessor, thereby precluding any further transfer to other parties. Upon review, the Supreme Court observed that the transfer order issued in favor of the petitioners explicitly limited the transfer to 2 Kanals and 2 Marlas, rather than the entire Khata. Consequently, the Court held that the petitioners' claim of full ownership was factually unsupported by the transfer documents. The petition was dismissed, affirming the principle that transfer entitlements are strictly governed by the specific area and rights recorded in the official transfer orders.
- Can a petitioner claim ownership of an entire property when the official transfer order explicitly limits the transfer to a specific portion of that property?
- Does the loss of an original file preclude the court from determining the extent of a property transfer based on the available schedule attached to the transfer order?
SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order, dated 21-1-1986 of the Lahore High Court dismissing the Constitutional petition of the petitioners from the order of the Settlement authorities.
2. The petitioners' father A.I Haider Shah was in occupation of an evacuee Khata measuring 4 Kanals and 4 Marlas in old Nankana Sahib of District Sheikhupura. When the settlement operations started he alone submitted an N.C.H. Form. According to the petitioners who are his sons he alone was held entitled to the transfer of this Khata but the transfer was not made in his favour for the reason that there was some doubt whether the Khata in question was a trust property or not. The original file has since been lost and it is not clear on what date the order with regard to his entitlement was made. However, that may be, subsequently, the property was found to be non- evacuee. An order of assessm ent was made on 28-2-1974 and a transfer order was issued on 26- 6-1974. In the schedule attached to the transfer order against the entry 'Extent or right/interest transferred' it was stated only 2 Kanals 2 Marlas were being transferred to Abdul Rashid whereas the remaining area was being given to others in equal shares. On the same day another transfer order in favour of respondents Nos. 3 to 6 was issued. In the transfer order against a similar entry in the schedule attached to the transfer order the words 'Khasra No. 180 old N.N.S. Measuring about 2 Kanals' were recorded.
3. The petitioners challenged the legality of the transfer order issued in favour of respondents Nos. 3 to 6 on the ground that as the whole Khata stood transferred to A.I Haider Shah the same could not be again transferred to respondents Nos. 3 to 6. The High Court found no merit in this contention and dismissed the constitutional petition.
4. As already noticed the original file has been lost. However, from the schedule attached to the transfer order issued in favour of. The petitioners it is quite clear that out of 4 Kanals and 4 Marlas anI area measuring 2 Kanals and 2 Marlas only had been transferred to the petitioners. It is, therefore, not right on their part to contend that the whole of the Khata had been transferred to them. We find no merit in this petition which is accordingly dismissed.