Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. read with S. 2(2)-Transfer of house-­Transferee not entitled to more than three times of plinth area of house transferred to him. Muhammad Anwar Jan Durrani v. Syed Hassan Imam Kazmi and others P L D 1968 Lah. 1406 considered. ORDER WAHEEDUDDIN AHMAD, J.-Petitioners' father Ch. Muhammad Ashraf was an allottee in possession of property bearing No. 17-B/ 18-8, situated in Model Town, Lahore. Respondent No. 5 also occupied a portion of the bungalow in the year 1950. After the Settlement operation, Ch. Muhammad Ashraf, pre­decessor-in-interest of the petitioners and respondent No. 5 filed C. H. Form for the transfer of the property in dispute. The learned Deputy Settlement Commissioner transferred the entire bungalow to the petitioners by order dated the 2nd December 1959. He directed the petitioners to pay for the land in excess of three times of the plinth area. The matter was agitated by respondent No. 5 for the division of the property in dispute. Respondent No. 5 filed a revision petition against the two separate orders of the Additional Settlement Commissioner dated the 20th April 1962, by which the excess land was reserved for Ch. Muhammad Ashraf. This matter came up before the Settle­ment Commissioner on the 17th September 1963, and the parties agreed to the following terms :- "The parties have agreed that this case be remanded to the Deputy Settlement Commissioner concerned for determining independently and afresh the exact area which constitutes three times of the plinth area of the bungalow, that the same be demarcated and transferred to Ch. Muhammad Ashraf as part of his bungalow, that the entitlement of the parties in respect of the remaining plot, which will be in excess, be determined afresh in the light of the various instructions issued by the Settlement Department." The Deputy Settlement Commissioner took the matter on the 10th December 1963, and held as under :- "I hold that Ch. Muhammad Ashraf gets only the 6 kanals of the plot No. 17-B already transferred to him and he is not entitled for any further excess area from plot No. 18-D which at present is a garden and…

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