Settlement Scheme (Revised) No. VIII

Authorities having failed to comply with the provisions of paras. 2, 3 & 4 of the Settlement Scheme (Revised) No.VIII before cancellation of auction, such cancellation was wholly without jurisdiction.

Both parties having fairly and justly been accommodated by order of Authority same could not be interfered with when no legal infirmity, much less jurisdictional defect, had been pointed out in such order.

Auction proceedings, having taken place without first disposing of petitioner's Form for allotment of same were patently illegal and without lawful authority.

Leave to appeal was granted to examine the question whether non-confirmation of mortgage in favour of mortgagees deprived them of the claim to the transfer of property under Revised Settlement Scheme NO.VIII, on payment of price

Such being a legal question, needed consideration in the light of judgment as reported in PLD 1962 SC 284, wherein it was held that no declaration of rights of Pakistani owners was required under the law and they were to retain possession till the date of redemption by the Custodian of Evacuee Property

Similar law having been laid down in other reported cases viz. PLD 1975 Pesh. 244 and PLD 1977 Lah. 576 that all the Muslim mortgagees of the transfer of evacuee property were entitled under the Revised Settlement Scheme No. VIII against their tenants who claimed the transfer under the same Scheme.