Law:

Section:

Rehabilitation Settlement Scheme No. I Para. 33-Agreement of association Not challenged by any of parties nor any application submitted to authorities to cancel it or modify orders passed in pursuance of same Deputy Settlement Commissioner himself commencing suo motu proceedings to review order on ground that property could not be transferred as one unit as it consisted of more than one shop Modification in order occur¬ring in proceedings taking place in pursuance to such action¬ Property having been found to be one unit, change in impugned order, held, not necessary. A. R. Shaukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate on Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 23rd December, 1979. ORDER NASIM HASAN SHAH, J. This petition for leave to appeal is directed against the order of the Lahore High Court dated 5th September 1974 passed in Writ Petition No. 1239 R/1966, The facts which form the background are that a shop consisting of two portions on the ground floor with some residential accommodation on its top was transferred jointly in favour of Muhammad Bibi (petitioner herein), Mst. Aisha Bibi (now deceased), Niaz Ahmad and Riaz Ahmad Respondents Nos. 4 and 5, herein, on their joint CS form, on 17th November, 1959. The transferees, in order to pay the transfer price, entered into an agreement of association on the same day with Muhammad Ali, Respondent No. 6 (now deceased) and represented by his legal representatives whereby 2/3rd of the property was to be transferred to him while the rest of 1 /3rd was to remain with the transferees. This agreement of association was allowed and a P. T. O. issued according to which 2/3rd was transferred to Muhammad Ali and 1/3rd to Aisha Bibi and the remaining tranferees. Nobody applied to the Deputy Settlement Commissioner to set aside the aforesaid agreement of association, or to challenge the P. T. O. issued in pursuance thereof. On 7th February, 1961 however, the Deputy Settlement Commissioner himself sought permission of the Additional Settlement Commissioner to review the order of transfer dated 17th November, 1959 on the ground that two shops and one choubara…

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