1989 PLP 49 (MLD)

Respondent No.3: Ex parte. Rashid Masood for Respondent No.

4. Sh. Khalid Habib for Respondent No.5. Dates of hearing: 16th and 17th January, 1989. The dispute in this case relates to the transfer of property No.SW‑III‑15 S‑8, Ram Nagar, Dav Samaj Road, Lahore.

2. Briefly, the facts of the case are that the petitioner filed CH Form dated 17‑3‑1960 for transfer of House No.8, Street No.14, Ram Nagar, Dev Samaj Road, Lahore, which was in possession of the petitioner's husband Abdul Ghafoor, who was earlier transferred the house in his possession on NCH Form filed by the petitioner's husband, by order dated 17‑3‑1960 of the Additional Settlement and Rehabilitation Commissioner, Lahore. Consequently, the transfer of the property from the name of the petitioner's husband was cancelled and the same was ordered to be issued in favour of the petitioner by order dated 4‑7‑1960 of the Deputy Settlement Commissioner concerned. This was followed by Appendix‑X, dated 25‑6‑1968 issued in the name of Abdul Karim, with whom the petitioner entered into a deed of association. It may, however, be pointed out that although according to CH Form, the house applied for was House No.8, Street No.14, Ram Nagar, Dev Samaj Road, Lahore, yet the Appendix did not give particulars of the property as stated in the CH Form and issued the Appendix for the transfer of SW‑III‑15‑S‑8A. Abdul Karim, associate of the petitioner, died after the issuance of Appendix‑X. His legal heirs namely, Abdul Manan, Abdul Hameed, Abdul Rashid, Abdul Wahab and Abdul Maid were brought on record as successors‑in‑interest, by order dated 28‑11‑1975 of the Deputy Settlement Commissioner. This was followed by a fresh deed of association by legal heirs of Abdul Karim with the petitioner, in consequence of which the property in dispute, was surrendered in favour of the petitioner by order dated 28‑11‑1975 of the Deputy Settlement Commissioner. Thereafter, the petitioner applied to the Deputy Settlement Commissioner on 16‑6‑1977 for the issuance of P.T.D. in respect of the said property. Upon this, the Secretary (Urban) to the Member, S & R, Punjab, Lahore, vide its memo dated 16‑6‑1977, issued direction on the executive side to the Deputy Settlement Commissioner, Centre No.2, Lahore, for the issuance of P.T.D. in favour of the petitioner.

3. The sole grievance of the petitioner is that she has been unjustifiably denied the issuance of P.T.D. in respect of the house in her occupation which has been duly transferred to her by the Deputy Settlement Commissioner. Learned counsel for the petitioner contended that the issuance of the P.T.D. in favour of the respondents does not in any way conflict with the entitlement of the petitioner.

4. Learned counsel for the respondents have also no objection for issuance of the P.T.D. to the petitioner in respect of the portion in her possession in property No. SW‑III‑15‑S‑8A, Ram Nagar, Dev Samaj Road, Lahore.

5. An application under Order XXII read with Section 151, C.P.C. is jointly submitted and signed by learned counsel for the petitioner and the contesting respondents No. 3, 4 and 5 to the effect that there is no objection for issuance of the transfer order to the petitioner respecting portion of property in her occupation in the said property shown in red in the plan marked 'A', appended with the said application. I am also inclined to hold that claim of the petitioner, as stated above, is just and lawful. The Administrator, (Residual Property)/Notified Officer, Lahore, is directed to issue the transfer order to the petitioner in the light of this order subject to payment of all dues, if not already cleared, within a fortnight. With these observations, the writ petition is accepted to the extent indicated above, but there shall be no order as to costs. M.Z.S./A‑497/L Writ petition accepted.