ABDUL HAMEED vs DEPUTY SETTLEMENT COMMISSIONER and others
This matter involves a petition for leave to appeal against a judgment of the Lahore High Court concerning a property dispute over House No. 609/C, Kucha Sathan, Lahore. The core legal question addressed was whether the petitioner, a non-claimant who had filed an N.C.H. Form in 1959, retained a valid claim to the property despite it having been auctioned to a claimant displaced person in 1960, with the auction confirmed in 1961 and a Permanent Transfer Deed (P.T.D.) issued in 1963. The Supreme Court held that the petitioner's contention that his N.C.H. Form remained pending adjudication was meritless. The Court affirmed the lower court's decision, effectively upholding the rights of the auction-purchaser who had already secured title and possession. The key principle laid down is that where a property has been auctioned to a claimant, the auction confirmed, and a P.T.D. issued, a non-claimant's pending form cannot be used to challenge the established title of the auction-purchaser.
- Does the filing of an N.C.H. Form by a non-claimant prevent the auction of property to a claimant displaced person?
- Can a non-claimant challenge the title of an auction-purchaser after a Permanent Transfer Deed has been issued?
- Is a claim form considered pending adjudication if the property has already been auctioned and transferred to a third party?
1. ' GHULAM MUJADDID, J.--Ahdul Hameed seeks leave to appeal in C.P. Nos.320 of 1982 and 321 of 1982. Both are against the judgment of the Lahore High Court, dated 24-5-1980.
2. ' Writ Petition No,349-R of 1976 was filed by Abdul Latif. It was against the order of Deputy Settlement Commissioner, Lahore. This writ petition was accepted whereas the writ petition (W.P. No,839-R of 1976) filed by Abdul Hameed was dismissed.
3. House No,609/C, Kucha Sathan near Water Works, Lahore, is the subject-matter of dispute. Abdul I lamed a non-claimant filed N.C.H. Form in the year 1959. Property was auctioned in the year 1960. It was purchased by Abdul Latif, a claimant displaced person. The auction was confirmed on 18-1- 1961. P.T.D. Was also issued in favour of the auction-purchaser in the year 1963. He is in possession of the house.
4. ' Hence we are not inclined to accept the contention of the learned counsel that the N.C.H. Form filed by the petitioner is still pending adjudication. Both the petitions are without any merit.
5. Dismissed.