Law:

Section:

(a) Settlement Scheme No.IX------------- ----Chap-IV, Para 6---Disposal of available properties---Modes---Authorities were empowered to transfer available property in favour of occupants who had submitted applications within prescribed period and had established that they were in possession of property within meaning of the terms of the Scheme--­Where occupant of available property had not applied for its transfer, it would be disposed of through unrestricted public auction as also in case where he had failed to make payment---In order to prove transfer of available property, applicants would have to satisfy Administrator (Residual Properties) about their credentials relating to submission of application within stipulated time and possession of same within meaning of the Settlement Scheme IX. Mehr Dad v. Settlement and Rehabilitation Commissioner, Lahore Division, Lahore and another PLD 1974 SC 193; Muhammad Hussain and another v. Chief Settlemenet Commissioner and another 1987 SCMR 172; Muhammad Ashraf Khan and others v. Administrator (RP)/Settlement Commissioner, Lahore Division, Lahore and others 1987 SCMR 1358, Hakim Qureshi and others v. Muhammad Manzoor and others 1987 SCMR 1722, Abdul Sattar etc. v. Assistant Commissioner, Gujranwala and others 1988 MLD 1321 and Shamrooz Khan v. Muhabbat Khan and another 1989 SCMR 819 ref. (b) Settlement Scheme No.IX--- ----Para. 1---Transfer of available property ---Condition precedent--­Respondent/Authority while passing order of transfer not taking into consideration factum of possession and its commencement---Effect---. Respondent/Authority had no power whatsoever, under Settlement Scheme No.IX to transfer property to petitioners without satisfying itself regarding condition precedent of its being available property under para. 1 (c),and in possession of petitioners within meaning of para. 1 (i), Settlement Scheme No.IX---Initial order of transfer was thus, passed in flagrant violation of sub­ para. (e) and sub-para (i) of para I of Settlement Scheme No.IX and was on that count null and void---Conveyance deeds issued by respondent/Authority in vicilation of the Settlement Scheme IX, were superstructure raised on…

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