Law:

Section:

Evacuee Property anal Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Transfer of excess area ---Trasferees of property had claimed that the same had bee transferred to them in full and there being no excess area to that property, same could not have been transferred to any other party---Team was constituted with consent of both the parties to measure site of said property in presence of parties' and to report with site plan of property and team so constituted reported that excess area did exist---Authorities had rightly transferred excess area to the other party as transferees of property concerned had not vested right to purchase that excess area in view of the fact that no excess area could be transferred to transferee of property. Sahibzada Syed Muhammad Matin Mina v. Jahangir R. Rustomji PLD 1980 SC 64; Muhammad Bashir v. Settlement and Rehabilitation Commissioner PLD 1983 SC 143 and Muhammad Din and others v. Ghulam Muhammad Naseem Sindhu PLD 1991 SC 1 ref. JUDGMENT This Constitutional petition is directed against order dated 9-10-1982 of the Settlement Commissioner/Administrator (R.P.), Lahore whereby transfer of excess area measuring 2 Kanals 4 Marlas in favour of respondents has been maintained. 2. Briefly stated, the Property No.NE-IR-309, G.T Road, Lahore is located in Khasra Nos.5404 and 5402 with a total area of 9 Kanals 14 Marlas 128 sq.ft. This property, according to learned counsel, was transferred in favour of petitioners by order dated 31-12-1959 and P.T.O issued in their favour on 28-4-1961 and there being no excess area, the same could not have been transferred by the Deputy Administrator vide his order dated 13-11-1979 in favour of respondents and consequently this order could not have been maintained by the Administrator, Lahore on 9-10-1982. Both these orders are impugned in this writ petition. 3. Main argument of learned counsel for petitioners is that property was transferred in 1959 in favour of petitioners in full and there being no excess area, the same could not have been transferred in favour of respondents. According to record of this writ petition, there have been divergent reports as to the excess area and the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492