Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ---S. 3---Residual Property Scheme---Available property---Transfer of--­Residual Property Scheme---Evidence on record had fully established that property in dispute was part of property which had already been allotted to its original allottee in 1959 who had sold the same to different persons---Property which had already been allotted, not being available property, same could not be disposed of by Authority under Residual Property (R.P:) Scheme---Order passed by Deputy Administrator according to which property in dispute was transferred to petitioner without giving any notice to original allottee or his successors was rightly set aside by Administrator---Order passed by Administrator after considering all aspects of case being strictly in accordance with law, could not be interfered with. JUDGMENT This Constitutional petition is directed against order dated 9th October, 1982, of the Administrator (R.P.) by which he has cancelled transfer of disputed plot measuring 1 Kanal from the name of the petitioners. 2. It is stated by the learned counsel that the plot in dispute was transferred to the petitioners by order dated 18-3-1982 of the Deputy Settlement Commissioner/Deputy Administrator, Sialkot and that the respondents have no right to claim the same and in this way the impugned order is illegal and unsustainable. 3. The learned counsel for the respondents has submitted that out of Khasra No.9310/9188/1624 land measuring 13 Kanals 14 Marlas situate in Village Khokhar was evacuee property and the same was allotted to one Malik Muhammad son of Kalu in 1959 as against his claim and the disputed property measuring 1 Kanal is part of the aforementioned allotment, the allottee sold the disputed land to different persons and finally to Mst. Shabbir Akhtar from whom the respondents drive title by registered sale-deed dated 13-3-1979 for a consideration of Rs. 40,000. It is urged that in view of above the plot in question could not have been transferred in favour of the petitioner by order dated 18-3-1982 of the Deputy Administrator and the same has rightly been set aside by the impugned order…

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