P L D 1981 Lahore 735 (PLP)

This Settlement Appeal has been directed against the order dated 5-2-1970 of the Settlement and Rehabilitation Commissioner, Lahore Division, Camp. at Sheikhupura, whereby in pursuance of a reference made by the Senior Civil Judge, Sheikhupura, the matter was referred to the District and Sessions Judge as Ex Officio Settlement Commissioner with delegated powers of Chief Settlement Commissioner under subsection (3) of section 4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter referred to as the Act), for determining whether house bearing property No. B-V/S-4-7, Nankana Sabib, District Sheikhupura, transferred to the respondent vide P. T. O. dated 19-7-1962 was an evacuee property or evacuee trust property and in consequence thereof, respondent No. 1 declared that the house in question was not attached to any Trust and was the private property of the non-Muslim evacuee.

2. During the pendency of this appeal, Evacuee Trust Properties (Management and Disposal) Act, 1975, came into force with effect from the first of July, 1974. In terms of clause (b), subsection (1) of section 10 of the said Act, an immovable evacuee trust property if situated in an urban area and utilised bona fide under any Act for transfer against the satisfaction of verified claims in respect of which Permanent Transfer Deeds were issued prior to June 1968, the same shall be deemed to have been validly transferred by sale to the Chief Settlement Commissioner, and the sale proceeds thereof shall be re-imbursed to the Board and shall form part of the Trust pool. Under sub-clause (2) of the said section, if a question arises whether a transaction referred to in subsection (1) is bona fide or not, it shall be decided by the Chairman of the Evacuee Trust Property Board whose decision shall be final and shall not be called in question in any Court.

3. Section 31 of the said Act has the effect of overriding other laws notwithstanding any thing inconsistent contained in any other law for the time being in force or any instrument having effect by virtue of such law. In the instant case, P. T. D. in respect of the disputed property has been admittedly issued in favour of respondent No. 2 prior to June 1968 Le. 21-1-1963. Certified copy of the P. T. D. has also been placed on the record by the learned counsel for the contesting respondent. This being so, irrespec­tive of the merits of the case, no interference is called for in the impugned order, inasmuch as, by virtue of the aforesaid provision of law, the property, in question , is deemed to have been validly transferred to the petitioner under the Act. Reference may be made to the unreported judgment of the Supreme Court in the case of Abdul Karim etc., v. Muhammad Ishaq etc. (C. B. 366/79), decided on 8-12-1979.

4. Learned counsel for the appellant has sought permission to move the Chairman, Evacuee Trust Property Board for the redress of his grievance. The Chairman, Evacuee Trust Property Board has powers in terms of sub­section (2) of section 10 of the Act to determine whether a transaction referred to in subsection (1) of section 10 ibid is bona fide or not and the decision taken by him in regard thereto is final subject to the provisions of the Act. No such direction is, therefore, called for. The appellant may, if so advised, approach the Chairman of the Evacuee Trust Property Board by invoking the provisions of section 10 (2) of the Act in accordance with law.

5. In view of the above, the appeal fails and is hereby dismissed with no order as to costs. Appeal dismissed.