2004 PLP 954 (SCMR)

Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner. Noor Muhammad Sheikh, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.

1. Date of hearing: 6th June, 2002. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑Leave to appeal is sought against the judgment dated 14‑6‑1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.2935 of 1994 filed by the petitioner was dismissed. Precisely stating facts of the case are that respondent No.1, Muhammad Amin filed a suit against the petitioner Fareed Ahmad as well as Member (Settlement and Rehabilitation Wing), Board of Revenue Punjab and Settlement Commissioner. Lahore (respondents Nos.2 and 3 respectively), for obtaining a declaration to the effect that he is owner in possession of Shop No. SE‑II‑15‑S‑10 Ram Gali No.2, Mian Bazar, Branderth Road, Lahore, and that the order dated 21‑3‑1983 passed by the Settlement Commissioner, Lahore Division, Lahore (respondent No.3) may be declared as void, without jurisdiction and of no legal effect. He further prayed for issuance of a perpetual injunction restraining respondents Nos.2 and 3 from issuing transfer documents pertaining to the above property in favour of the petitioner. According to respondent No. 1, he purchased the property in dispute through an auction held on 27‑6‑1970 which was confirmed on 16‑7‑1970 by the Additional Settlement Commissioner. Lahore. He further averred that in fact property No.SE‑II‑15‑S‑60 did not exist whereupon he filed an application before the Settlement Department which was processed and it was held that actual number of the property purchased by him through auction on 27‑6‑1970 was SE‑II‑15‑S‑

10. This report was confirmed by the Additional Settlement Commissioner and thereafter P.T.D. was issued in his name on 26‑8‑1971. Respondent No. 1 filed an ejectment petition against the petitioner, which was ultimately allowed and he secured possession of the property through the agency of learned Rent Controller. The petitioner made an application on 26‑11‑1980 to the Settlement Commissioner, Lahore Division, Lahore, with the averment that Shop No.SE‑II‑15‑S‑10 was purchased by him through auction during the year 1962 but no document was issued to him. The Settlement Commissioner, Lahore, passed an order on 21‑3‑1983 whereby aforesaid auction in favour of respondent No.1 in respect of property No.SE‑11‑15‑S‑10 was cancelled and thus above application was accepted. According to respondent No.1 after the repeal of Evacuee Laws by the Evacuee Properties and Displaced Persons Laws (Repeal Act), 1975, the Settlement Authorities had no jurisdiction to deal with the property which stood transferred in his name permanently. The above suit was contested by the petitioner who took up preliminary objections in his written statement to the effect that the same was not maintainable and that the jurisdiction of Civil Court was barred under sections 22 and 25 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The parties led their evidence, Issues were framed and the learned trial Court decreed the suit through its judgment dated 1‑4‑1992. An appeal was preferred by the petitioner assailing the above judgment, which was dismissed by the learned Additional District Judge. Lahore. Civil Revision No.2935 of 1994 filed by the petitioner before the Lahore High Court also met the same fate and was dismissed by a learned Single Judge through his judgment dated 14‑6‑1999, impugned herein. Hence, this petition for leave to appeal. Learned counsel for the petitioner stated that the Civil Court had no jurisdiction to adjudicate upon the matter because property in dispute, being an evacuee one. was allotted to the petitioner in auction as far back as on 3‑11‑1962, therefore, the suit filed by the respondent was liable to be dismissed. It is an admitted fact that after 1962 no P.T.D. was issued in favour of the petitioner. However, in 1971 the disputed property was transferred in favour of respondent. Muhammad Amin and thereafter when Evacuee Laws were repealed by Evacuee Property and Displaced Persons Laws (Repeal) Act No.XIV of 1975, some reference was filed before the Settlement Commissioner to assume revisional power in Suo Motu Revision No.360 of 1982 and vide his order dated 21‑3‑1983 he cancelled the transfer of the property in dispute from the name of respondent Muhammad Amin. Since Evacuee Laws were repealed in 1975, the respondent had no remedy but to agitate his grievance before the Civil Court. He, accordingly, filed on 7‑12‑1983 a suit for declaration and injunction before the Civil Court, which was decreed by the Civil Judge Ist Class, Lahore, vide his judgment/decree dated 1‑4‑1993 and said decree was maintained by the learned Additional District Judge, Lahore, through his judgment dated 20‑3‑1994 and by the High Court vide judgment dated 14‑6‑1999 impugned herein. The learned High Court and the subordinate Courts have dealt with the matter on the basis of evidence brought before them, therefore, against the concurrent findings of fact no exception can be taken. No case of misreading of evidence has been made out by the learned counsel for the petitioner. Reference may be made to Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore P L D 1994 SC 1 and Musarat Sultana v. Muhammad Saeed 1997 SCMR 1866. For the foregoing reasons instant petition being without any merit is dismissed. S.A.K./F‑78/S Petition dismissed.