Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)-----S. 16-Settlement authorities throughout treating plot in dispute as evacuee property available for transfer-Evacuee character of plot, held, cannot, in circumstance, be questioned before settlement authorities or High Court-Proper forum to decide dispute; Custodian of Evacuee Property. JUDGMENT MUHAMMAD GUL, J.-This petition for special leave is from the order dated 12-2-1973 of a learned Single Judge of the Lahore High Court in Writ Petition No. 223/R of 1972, moved by Ghulam Muhammad, respon­dent No. I herein, to call in question the order dated 9-3-1972 by the Settlement Commissioner, reversing his earlier order in favour of the respondent herein. 2. The dispute relates to a plot measuring 2 ½ marlas comprising Khasra No. 3295, Tilak Nagar, Badami Bagh, Lahore. Respondent No. 1, it appears, applied to the Deputy Settlement Commissioner on 19-11- 969, alleging that the plot in dispute had been transferred to him on 21-3-1960, under Scheme VI, and a P. T. O. was also issued in his favour. He, therefore, requested for the issuance of appendix and fixation of its prica. It was, however, reported to the Deputy Settlement Commissioner that the relevant file was not traceable in office. Later, on the basis of an attested copy of P. T. O. No. 09!592, supported by an affidavit filed by the respondent, it was ordered that a new file be constructed. That having been done, the respondent was ordered to pay Rs. 1,500.00 as price of the plot. He paid the same and the P. T. D. was issued in his favour on 29-12-1969. 3. The petitioner, who was a transferee of the adjacent house filed an appeal against the issuance of the P. T. D. alleging that the plot in dispute according to survey register was `ghair mumkin racta' being used as public street. He also cha4enged the transfer of the plot in favour of the respon­dent on the further ground that the respondent had not constructed any structure over any part of the plot which was a condition precedent for its transfer under Scheme VI. The Additional Settlement Commissioner visited the site on11-11-1971 and found that there was no visible signs of any structure…

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