Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched. read with Permanent Transfer Rules, 1961, r. 7Transfer of evacuee house-Respondent purchasing property in auction and P. T. D. issued in his favourSubsequent negotiation, transfer, and issuance of P. f. D. in -Petitioner's favour without giving -Respondent opportunity of being heard, held, could not adversely affect legal title acquired by -Respondent and entire proceedings subsequently following ineffective Question whether P. T. D. in -Petitioner's favour issued in proper exercise of Settlement Commissioner's authorityOpen to judicial scrutinyDeletion of r. 7 of 1961 Rules Does not foreclose jurisdiction of Settlement Authorities or High Courts to uncover cases of fraud or illegalities even after issue of P. T. Ds. Fazal Karim aced others v. Settlement Commissioner and others P L D 1964 Pah. 129 and Anwar Hussain v. Surfraz Hussain P L D 1971 S C 669 ref. JUDGMENT MUHAMMAD GUL, J. This judgment deals with the above two Civil Petitions, which concern the dispute relating to the transfer of evacuee property No. CB. 3/4/93/3AB, Arbab Road, Peshawar Cantt. generally known as Modern Press (hereinafter called the property in dispute) for which the two contestants are Muhammad Anwar Khan, the -Petitioner in both the petitions, on the one hand and Abdul Aziz Khan, -Respondent 1 in Petition No. 123P/1974, on the other. For the purpose of clarity, it may also be pointed out that the dispute is confined to the transfer of the building only and not the machinery installed therein, which it is not disputed, already stands transferred to Muhammad Anwar Khan by means of an auction sale held in 1947 and with regard to which there is no dispute. Civil Petition No. 116P is from the judgment of the Peshawar High Court in L. P. A. No. 2 of 1172, dated 2241974, affirming the judgment of a learned Single Judge of that Court dated 21121972 by which Writ Petition No. 57 of 1971 moved by the -Petitioner herein to call in question the cancellation of transfer of property in dispute from his name, was dismissed. The case of Muhammad Anwar Khan was that the property in dispute was transferred to him "by…

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