Law:

Section:

Settlement Scheme No. VIII---Evacuee property transferred much before promulgation of Settlement Scheme-Not available for transfer to any other person unless existing transfer cancelled. ORDER SALAHUDDIN AHMED, J.-In this petition shop No. 1699 situated in Sadar Bazar, Rawalpindi, is in dispute. The petitioner, a local, claimed to be in possession of the shop and applied for its transfer and put in a N. C. H. form. The shop was, however, transferred by the Settlement Commis­sioner to a claimant, respondent No. 2 Mst. Shahida Khatoon, on the 13th of August 1960. It may be mentioned here that this order of transfer has never been set aside by any competent authority. On the 4th of May, 1962, the petitioner applied to the Deputy Settlement Commissioner for the transfer of the said shop on the basis of his entitlement, but it was refused on the ground that the Settlement Commissioner had earlier passed orders transferring the shop to respondent Shahida Khatoon. The petitioner's appeal from this order was dismissed by the Additional Settlement Commissioner. The petitioner went up in revision before the Settlement Commissioner and the revision application was dismissed on the 24th of July 1962, on the ground that the petitioner was a local and thus ineligible for the transfer of the shop. It was further held that the case relating to the transfer of the shop had already been decided previously. The petitioner challenged this order of the Settlement Com­missioner to Writ Petition No. 2362/R of 1962 and the High Court allowed the petition and remanded the case to the Settlement Commissioner in the following terms :- "For the reasons given above, the order dated the 25th of July 1962, passed by the Settlement Commissioner, Rawalpindi, Annexure K of this petition, is quashed with direction that the revision application filed by the petitioner shall be heard again on merits. If the N. C. H. form filed by the petitioner is to be rejected on the ground that he is a local, he shall be given an opportunity to adduce evidence in rebuttal of the allega­tions." The Settlement Commissioner accordingly heard the matter and held that the petitioner was a local, and thus not…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492