Law: Permanent Transfer (Houses and Shops) Rules, 1961

Section: 6, 7

Permanent Transfer (Houses and Shops) Rules, 1961 Rr. 6 & 7-Permanent Transfer Deed (P. T. D.) issued in respect of a house-Settlement Authorities after issuance of P. T. D. functus officio and not vested with jurisdiction to make any order in respect of property subsequent to issuance of P. T. D.-Even limited power to deal with property under rr. 6 & 7 taken away after deletion of said rules in 1964. S. Anwar Hussain Sani v. Sarfraz Ahmed and others P L D 1971 S C 669 and Aminuddin v. Settlement Commissioner and others 1973 S C M R 624 ref. Date of hearing: 18th March 1974.                                                                                                                           JUDGMENT The subject-matter of this petition is a house bearing No. C/293, Radhan, District Dadu which was put to auction and purchased by the petitioner on 9-6-1965 for Rs. 2,200.00. This auction was con firmed by the Additional Settlement Commissioner on 25-6-1965, follow ing which P. T. D. was issued in favour of the petitioner on 5-10-1965 after adjustment of price. In March 1967 the petitioner filed ejectment application against, among others, the contesting respondent No. 3 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 which was compromised on 28-9-1967, under which the respondent No. 3 agreed to pay the rent and in the event of his failure to do so he was liable to be ejected. The respondent No. 3 failed to pay the rent with the result that the petitioner filed a second application under section 13 of the Rent Ordinance on 3-2-1968, which was granted on 30-9-1968. After this the bailiff sought to eject the respondent No. 3 but he obtained time from him on the ground that he will comply with the decree within a few days. However, on 1-8-1969, the respondent No. 3 filed an appeal under section 19(1)(b) of the Displaced Persons…