Law:

Section:

Constitution of Pakistan (1973)-- Art. 185(3) read with Permanent Transfer Rules, 1961 Leave to appeal Granted to examine submissions (i) that transfer of property in dispute had become final on issue of P. T. D. in favour of petitioner and Settlement Commissioner had no jurisdiction to cancel such P. T. D. and (ii) that Settlement Commissioner had erred in law in interfering with concurrent findings of Deputy Settlement Commissioner and Additional Settlement Commissioner that transfer documents in possession of respondent had been obtained fraudulently. ORDER DORAB PATEL, J. The dispute in this petition for leave relates to a house in Karor Pacca in Multan District. This house bears No. 521 in the Settlement records. The property next to it bears No. 5,'0 in the Settlement records and was occupied at the relevant time by one Changa. Then some Properties Nos. 521 and 522 and we may point out that Property No. 522 was an open plot when Settlement operations began. The first respondent who had claimed possession of all these properties had, according to learned counsel, filed an N. C. H. form some time in 1959 only for properties bearing Nos. 521 and 522, therefore, Property No. 319 was auctioned in due course in favour of the petitioner Who after paying the auction price obtained the P. T. O. and P. T. D. for this house and it is relevant to emphasise here that the P. T. D. was issued on 1-6 1966 because there was no dispute about this property. Accordingly, after obtaining the P. T. D. the petitioner sent a notice to the first respondent to attom to him as tenant, 'but as the first respondent claimed that this property (which bears No. 384 in the records of the Excise and Taxation Department) had been transferred to him, the petitioner sought relief from the Deputy Settlement Commissioner, Multan. The Deputy Settlement Commissioner appointed an Inspector to make an enquiry and the Inspector's report was that Property No. 519 of the Settlement Department corresponded to Property No. 384 of the Excise and Taxation Department which had been auctioned in favour of the petitioner. However, it would appear that the first respondent relied on the transfer documents in…

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