1987 PLP 1618 (SCMR)

ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the judgment of a learned Single Judge of the Lahore High Court, dated 15-4-1974, whereby the writ petition filed by respondents 1 and 2 was accepted.

2. Land bearing Khasra Nos. 681/108/1/2 (4 Marlas), 736/257 (15 Marlas), 737/257 (15 Marlas) and 856/544/502/3 (4] Marlas) situate in village Khokharke, Tehsil and District Gujranwala, was allotted to one Faqiria on 6-2-1959 and confirmed in his name on 7-3-1959. On Faqiria's death, the land was inherited by his sole legal heir, namely, Farid, and inheritance mutation was sanctioned in his name in due course of time. Farid sold the entire land to Ghulam Rasul appellant and the sale mutation was attested in his favour on 19-5-1959. It is alleged that the appellant thereafter built a house on the suit land at his own cost. It so happened that the order of confirmation in the name of the original allottee, dated 7-3-1959, was challenged in an appeal by Qazi Ibrahim but the same was rejected by the Deputy Rehabilitation Commissioner (Land) on 1-4-1963 and his revision was also dismissed on ~6-6-1963. Qazi Ibrahim then submitted a mukhbari application on which enquiry proceeded but the same was rejected by the Deputy Settlement Commissioner (Land), Gujranwala, on 27-6-1966. Respondents 1 and' 2 also submitted mukhbari application challenging the confirmation of the disputed land in favour of the predecessor-in interest of the appellant on the ground that Khasra No. 737/257 was a "chair Mumkin house" hence could not be transferred to the appellant under the Displace Persons (Land Settlement) Act and prayed for the review of the confirmation order. This application was examined by the Deputy Settlement Commissioner (Land) and a report forwarded to the Deputy Commissioner/Additional Settlement Commissioner as a delegatee of the Chief Settlement Commissia1per under sections 10 and 11 of the Displaced Persons (Land Settlement) Act of 1958 but the same was dismissed on 26-8-1967. The revision of the respondents was also dismissed by the Settlement Commissioner (Land) on 6-2-1968. There was yet another mukhbari application submitted by respondent No.1 but the same was dismissed on f1-4-1969 by the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner who respondent after examining the earlier litigation between the parties, that the had no case because the case already stood decided by that Court. The two respondents then approached the High Court on its constitutional side and succeeded in securing a favourable judgment on 15-4-1974 whereby the case was remanded to the Chief Settlement Commissioner to re-examine the claim of these respondents. Thus order has been challenged through the present appeal.

3. The sole question in this case is whether Khasra No. 737/257, which is in dispute, is a Ghair Mumkin house and could not be transferred to the predecessor-in-interest of the appellant under the Displaced Persons (Land Settlement) Act.

4. After hearing the learned counsel for the parties in the light of the findings of the High Court, we think that the impugned order needs no interference. Obviously the Settlement authorities have misdirected themselves in holding that the transfer of the suit land in favour of the predecessor-'in-interest of the appellant already stood decided in the judicial proceedings of 1963, because those proceedings related to land bearing Khasra No. 736/257 measuring 15 Marlas and were between Qazi Ibrahim and the appellant. The present dispute is with regard to Khasra No.737/257, which, according to the respondent, is a Ghair Mumkin house and the question of its transfer under the law was not considered at all. The order of remand is thus fully justified.

5. Thus the appeal fans and is hereby dismissed but with no order as to costs. S.Q. IG-36/S Appeal dismissed.