Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908) S. 115 read with Permanent Transfer Rules, 1961, r. 7 (after dele¬tion) Auction of disputed shop later cancelled Issuance of P. T. D. in respect of such shop in favour of auction purchaser Held, in flagrant violation of law nullity and wholly without jurisdic¬tion Question whether such P. T. D. could be cancelled by Settlement Authorities on ground of fraud or misrepresentation becomes an academic question Such Permanent Transfer Deed being, void trans¬feree could not acquire valid title to shop by purchase. S. Anwar Hussain Sani v. Sarfaraz Ahmad and others P L D 1971 S C 669; Muhammad Yaqub v. Settlement Commissioner, Lahore Division P L D 1975 Lah. 1553 and Muhammad Anwar Khan v. M. A. Wasti, Settlement & Rehabili¬tation Commissioner, Peshawar and others 1975 S C M R 372 ref. THIS JUDGMENT DELIVERED BY: I. MAHMUD, JUSTICE This Revision Application under section 115, Cf. P. C. is directed against the judgment and decree dated 11th April 1973 passed by the III Additional District Judge, Hyderabad, in Civil Appeal No. 208/71 and arises in the following circumstances. 2. Applicants Mst. Noor Jehan and her sister Mst. Ejaz Fatma filed a joint C. H. form as claimant displaced persons, for transfer of a building in city survey Ward E, Fakir Ka Pir, Hyderabad, comprising one residential upper Floor No. E 102/A and four shops on the ground Floor Nos. E/720 to F/723. The form was allowed by the Assistant Settlement Commissioner, Hyderabad who issued a P. T. O. on 20 11 1959 for the whole building. The Deputy Settlement Commissioner made a sue motu reference to the Additional Settlement Commissioner. Hyderabad that the transfer of four shops and a residential floor as one unit was irregular. The Additional Settlement Commissioner agreed with him and ordered that the P. T. O. issued in favour of the applicants be modified and the transfer be allowed only for the first Door and the four shops on the ground-floor be publicly auctioned. Against this order, the applicants filed a revision before the Settlement Commissioner on 19 9 1960 under section 20(3) of the Displaced Persons (Comp. & Rehab.) Act, 1958. While the revision was…

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