ZULFIQAR ALI and others vs ADMINISTRATOR (RP), SETTLEMENT
The petitioners approached the Supreme Court of Pakistan seeking leave to appeal against the deprivation of property No. BXII-3 S-56/58, constructed on evacuee property. The core legal question concerned whether the transfer of the property in favor of respondent No. 3 was obtained through misrepresentation regarding construction eligibility, thereby causing a miscarriage of justice against the petitioner who was legally eligible. The court held that the contentions raised regarding the deprivation of property on technical grounds and the alleged hoodwinking of the department by respondent No. 3 required detailed examination. Consequently, the Supreme Court granted leave to appeal to consider the legality of the property transfer and the eligibility criteria under the applicable settlement scheme.
- Whether an applicant who has not raised the required construction is eligible for the transfer of property under Settlement Scheme No. VIII?
- Can leave to appeal be granted when a party is deprived of property on technical grounds resulting in a miscarriage of justice?
- Whether a transfer obtained by misrepresentation to the department creates a valid right in favor of the transferee?
ORDER
1. ' NASIM HASAN SHAH, J.--The learned counsel for the petitioners has drawn our attention to the report dated 18-3-1982 submitted by the Deputy Administrator, Residual Properties, Gujranwala to the Administrator, Residual Properties, Lahore Division, wherein he inter alia observed:- "On going through the record maintained by this Department, the order passed by the learned Custodian and other documentary evidence produced by Zulfiqar Ali as well as the written arguments filed by Muhammad Ibrahim I have come to the conclusion that property No, BXII-3 S- 56/58 stands constructed on Khasra No,7377/6141 which has been held to be evacuee property.
2. However, the construction existing was raised by Ch. Rahim Bakhsh who later on gifted the same in favour of Zulfiqar Ali Bhatti. Muhammad Ibrahim occupied the same as a tenant under Ch. Rahim Bakhsh and after the gift he attorned to Zulfiqar Ali Bhatti and became his tenant. On the other hand, Muhammad Ibrahim falsely representing that he has raised the construction applied for its transfer and thus succeeded in obtaining its transfer in his favour. Under the law construction covering more than 1/4th of the total area is an essential prerequisite for making an applicant eligible for transfer on B.S. Form under Settlement Scheme No, VIII. Factually, Zulfiqar Ali Bhatti who has applied for condonation of delay was eligible to apply and not Muhammad Ibrahim who has got the property by hoodwinking the Department.
3. ' The plot on which BXII-3 S-56/58 has been constructed is evacuee property. The construction existing thereon belongs to Zulfiqar Ali Bhatti, the present petitioner."
4. The submission of the petitioners' counsel that the petitioners are being deprived of this property on technical grounds and that Muhammad Ibrahim, respondent No, 3, is being allowed to get away with the property by hoodwinking the Department and that grave miscarriage of injustice is the result, requires further consideration.
5. ' Leave to appeal is granted. Security Rs,2,500.
6. ' The appeal shall be heard on the present record, with liberty to the parties to add further documents, if any.