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

Section: 3, 4

(a) Permanent Transfer (Houses and Shops) Rules, 1961  Rr. 3 & 4-Settlement Authorities become functus officio after issuance of P. T. D. in favour of party. S. Anwar Hussain Sani v. Sarfraz Ahmed and 2 others P L D 1971 S C 669 ref. (b) Landlord and tenant- Estoppel-Relationship of landlord and tenant once admitted Tenant cannot resile from his admission-Evidence Act (I of 1872), S. 116-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. Date of hearing : 24th October 1974.                                                                                                                           JUDGMENT This constitutional petition under Article 98 of the Constitution read with provisional Constitution Order, 1969 is directed against the order of Settlement and Rehabilitation Commissioner, Karachi-Camp sukkur dated 7-1-1972, Annex. I, allowing the revision and setting aside the order of Additional Settlement Commissioner holding that the transfer documents and P. T. D. of the property bearing Nos. C-221 and C-222 issued in favour of respondent No. 2 were valid, write a prayer that the impugned order, Annex. I, be declared as void having been passed without lawful authority and of no legal effect, with a further declaration that the order of the Additional Settlement Commissioner dated 12-3-1971 be declared as valid order. 2. The facts briefly are that property bearing C. S. Nos. C-221 and C-222 situated at Sukkur belonging to some evacuee owner was jointly assessed by the municipality for the year 1946-47 at Rs. 35 p.m. The property has two residential portions. The petitioner had filed N. C. H. Form for transfer on 17-8-1959 for portion bearing No. C-22, to be in his possession, he was issued P. T. O. and appendix for the same. On 31-12-1959, he filed an application for reduction. 3. While respondent No. 2 Badruddin had filed L. H.…