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ANWAR ZAHEER JAMALI, J.---These two appeals with the leave of this Court, vide order dated 22-10-2002, have somewhat complexed facts, and chequered history of litigation, which may be summarized as under:-   Evacuee property katcha superstructure of shop over Survey No.513, ( Original No.275) situated over khewat No.1, khatooni No.489, having area of 394 sq. ft., Trench Road, Chaman City; hereinafter referred to as "disputed property", according to the case of the appellants, was originally owned by Evacuee "Kishan Dass" and since pre-partition days, it remained in occupation of Chargul (father)/ predecessorininterest of appellant Abdul Haleem, as tenant uptil his death in the year 1955. Rent of disputed property, which was later on assigned new No.601, was paid by Chargul to the Custodian Department, and thereafter by his legal heirs. Since the land underneath the disputed property was owned by Municipal Committee, Chaman, therefore, later on legal heirs of Chargul continued making payment of its rent to the Municipal Committee, Chaman.   Under the Settlement Scheme No.VII of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (in short "Act of 1958"), (as reconstituted on 16-4-1966), the evacuee properties valuing less than Rs.10,000 in occupation of a claimant/nonclaimant or a local before 1-1-1961 were to be transferred to its occupants, subject to fulfilment of certain other conditions, free of charge, on application submitted to the Tehsildar of the area, who at the relevant time, was acting as assistant Rehabilitation Commissioner. As per further case of appellants, the disputed property, being one of such properties, therefore, respondent No.1 Muhammad Qasim, who was actually inducted in the disputed property by one of the legal heirs of Chargul as tenant, in the first instance, by misrepresentation of facts, managed issuance of transfer order dated 1-3-1972, in respect of residential portion of disputed property bearing khasra No.513, under the said scheme in his favour. However, when this fact came to the knowledge of the legal heirs of Chargul, having recourse to rule 6 of Permanent Transfer rules…