1987 SCMR 1928

QAMAR UD DIN Represented By Legal Heirs vs MANSOOR AHMAD MALIK, Additional Settlement Commissioner And Other

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Citation1987 SCMR 1928

CourtSupreme Court of Pakistan

Case No.Civil Petition No.886 of 1980 Writ Petition No.1159-R of 1974

Date1987-07-20

Judge(s)Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan

Authored byNasim Hasan Shah

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arose from a dispute regarding the transfer of an evacuee property located in Gowalmandi, Lahore. The petitioners, who were local occupants of a portion of a three-storeyed house, sought the transfer of their portion under Settlement Scheme No. VIII. Their application was rejected by the Settlement authorities on the basis that the entire property had already been transferred to other occupants—who were either claimants or non-claimants—via an order dated 28-9-1966. Consequently, the authorities determined that no portion of the house remained "available" for transfer, a condition deemed a prerequisite under Settlement Scheme No. VIII. The High Court subsequently upheld this decision, dismissing the petitioners' writ petition. Upon review, the Supreme Court found the reasoning of the Settlement authorities and the High Court to be legally sound. The Court held that where an entire property has been validly transferred to other parties, no part of it remains available for further transfer under the scheme. Finding no grounds for interference, the petition was dismissed.

Questions settled in this judgment

Can a portion of an evacuee house be transferred under Settlement Scheme No. VIII if the entire property has already been transferred to other parties?
Is the availability of a property a prerequisite for its transfer under Settlement Scheme No. VIII?

Laws & provisions referred

Settlement Scheme No. VIII

evacuee propertySettlement Scheme No. VIIItransfer of propertyavailable propertyleave to appeal

ORDER

1. NASIM HASAN SHAH, J.--The petitioners are locals residing in a part of a three-storeyed evacuee house situated in Gowalmandi, Lahore. The application submitted by them under Settlement Scheme No. VIII for transfer of the portion of the house in their occupation on 24-10-1966 was dismissed on the ground that the entire house already stood transferred to two other parties, who too were occupants of the house but were claimants or non-claimants, by the order dated 28-9- 1966 passed by the Additional Settlement Commissioner and hence they could not be transferred any part of the house as no part of it was "available" for transfer. This being the condition prerequisite for transfer under Settlement Scheme No. VIII. The said view of the Settlement authorities was upheld by the High Court while dismissing the writ petition filed by the petitioners.

2. Hence this petition for leave to appeal.

3. The view taken by the Settlement authorities and upheld by the High Court is plainly correct. No ground for interference with their orders, therefore, exists.

4. This petition is dismissed.