1968 PLP 583 (SCMR)

HAMOODUR RAHMAN, J.--The petitioner is an occupant of a garage in a house situate at Dalhousie Road, Rawalpindi. This house, which was an evacuee house, was transferred to the respondent excluding the garage, on the 7th January 1960. But on appeal, the Settlement Commissioner, on the 3rd March 1960 directed the garage be also transferred to the respondent as a part of the house. This order was finally upheld in revision by the Chief Settlement Commissioner, on the 26th October 1961. Thereafter, on the 1st August 1962, they issued notices under section 30 of the Displaced Persons (Compensation and Rehabili tation) Act, 1958, to the petitioner intimating to him the fact of the transfer of the garage and demanding rent at the rate of Rs. 50 per rnensem. The petitioner refused to pay any rent. The respondents then applied to the Rent Controller for ejecting the petitioner. The Rent Controller dismissed the application on the ground that the notice was not a valid notice as the garage had not been formally included in the Provisional Transfer Order issued in favour of the respondent, until the 4th of April 1964. The learned Additional District Judge, on appeal, however, took a different view and held that the respondents must be deemed to be transferees from the date of the original order of transfer, The case was, accordingly, remanded back to the Rent Controller for decision on merits. The petitioner then moved the High Court under Article 98 of the Constitution but the High Court agreeing with the view of the learned Additional District Judge, dismissed the petition in amine, The petitioner now seeks special leave to appeal, It is urged on his behalf that under the provisions of Settlement Scheme No. 1, the transfer of an evacuee property does not take place until a Provisional Transfer Order is issued and even then the transferee is only permitted under paragraph 37 of the Scheme to lease or mortgage the transferred premises but not to alienate it in any other way. He has relied in this connection on the provisions of paragraphs 16, 23 and 29 of the Settlement Scheme No. 1 also to show that the original order is an order only determining the entitlement of the applicant. After that notices bad to be issued, the evaluation price fixed, enquiry made as to whether the proposed transferee had cleared his dues and it is then only that a Provisional Transfer Order is issued. However, title does not pass to the transferee until a Permanent Transfer Deed is granted. Hence transfer 'means transfer of right, title and interest in the property and this cannot possibly be from the date of the adjudication as to the entitlement of the applicant. The point raised is a question of law of general importance which is likely to occur in a large number of cases, We are of the opinion, therefore, that this point should be examined, particularly since, there is no decision of this Court on this question as yet. Leave is accordingly, granted to consider the above question, Security-Rs. 1,

000. Leave granted