' TASSADUQ HUSSAIN JILLANI, J.--- This single order, shall dispose of Civil Petitions Nos.529-L of 2002 and 530-L of 2002, as both have arisen out of the same judgment.
2. Through the afore-referred petitions, petitioner has sought leave to appeal against the judgment, dated 7-11-2001 vide which a learned Single Judge of the Lahore High Court accepted respondents' two Constitutional Petitions (bearing Writ Petition Nos.13947 of 1999 and 13948 of 1999) and it was held, that the respondents' predecessor-in-interest had rightly been transferred the properties (Property bearing No,P-53, Khalisa College Road, Lyallpur and the other property i.e, a plot measuring 4 Kanals and 5 Marlas) and, valid P.T.Ds. Were issued and that their inclusion in the exchange transaction with the Provincial Government in terms of Notification dated 3-1-1958 was not valid and further that the entries be made in Revenue Record accordingly.
3. Facts in brief are that the respondents are successors-in-interest of the allottees of Property No,53, Khalsa Road, and auction-purchaser of the other property (plot) details of which have been given above. These properties were evacuee properties and there is no dispute that P.T.Ds. Were issued in case of the former properties on 9-1-1964 and in case of the latter property. On 30-1-1969.
These P.T.Ds. Attained finality. However, the dispute arose on account of a Notification dated 3-1- 1958 in terms of which evacuee land measuring 5235 acres was exchanged with the State land measuring 7150 acres for the development of Faisalabad city. Several allottees and occupants of the evacuee property felt aggrieved and agitated the matter before various forums. The Provincial Government with a view not to disturb the allottees who were in possession for several years issued Notification dated 12th June, 1988 which inter alia provided as under:-- "Persons holding genuine and valid permanent transfer deeds (in the case of urban area) or in whose case valid allotment order exist in register R.L.II (in case of rural area) in respect of the evacuee land (now State land), as mentioned above, and which were finalized prior to 3rd January, 1958, may be allowed to acquire proprietary rights for such land provided:--
(a) He/they satisfy the District Collector, Faisalabad about the validity/authority of his/their P.T.Ds./allotment orders and that these are still intact;
(b) No litigation is pending in any Court about the land in question;
(c) Final payment of price to the Settlement Department/adjustment of claim is proved from the record;
(d) No other Government dues including settlement etc. Are payment by the grantee;
(e) He/they is/are in possession of the land in question;
(2) In case the District Collector is satisfied about the above conditions he will record and issue an order of transfer of such property in the form at Annexure "A".
4. The dispute arose as to which allottees and occupants of evacuee property would fall within the ambit of afore-referred Notification and several constitutional petitions were filed. In Writ Petition No,5494 of 1987 a similar issue was raised, the whole matter was examined at length by a learned Division Bench of the Lahore High Court and vide the judgment dated 21-7-1990, the Court held as under:-- "Before concluding, we would like to observe that while perusing the departmental files, we have noticed a notification, dated 12-6-1988 issued by the Government of the Punjab Colonies Department which provides that, the persons holding genuine and valid permanent transfer deeds (in the case of urban areas) or in whose cases valid allotment orders exist in the Register RL-II (in the case of rural area) in respect of the evacuee land (now State lands) which are finalized prior to 3-1-1958 may be allotted to acquire the proprietary rights for such land on satisfying the District Collector, Faisalabad, about the validity/authenticity of their P.T.Ds./allotment orders and certain other conditions specified in the Notification. We find that the date 3rd of January, 1958, mentioned in the Notification is relatable only to the allotment orders in respect of rural areas and by no stretch or reasoning it can relate to the P.T.Ds. Which are obviously issued after the promulgation of Displaced Persons (Compensation and Rehabilitation) Act, 1958. That being so, relevant authority, if approached by the plaintiffs/respondents, should examine their cases in the light of the aforesaid Notification and in case, it finds that they were issued the P.T.Ds. Validly upto the date of the Notification and they satisfy other conditions mentioned therein, they may be allowed to retain/acquire the proprietary rights in the property in dispute."
5. Learned counsel for the petitioner seeks leave on the ground that constitutional petitions (bearing Writ Petitions Nos.13947 and 13948 of A 1999) filed by the respondents were not maintainable as alternate remedy was available to them under the Land Revenue Act to have their ownership entered in the Revenue Record in terms of the P.T.Ds.; that the properties went out of the Compensation Pool after the exchange Notification, dated 3-1-1958 and that the Provincial Government which issued Notification dated 12-6-1988 in aid of those holders of P.T.Ds. Who were in possession but the case of the respondents did not fall within the said ambit.
6. We have considered the submissions made.
7. Learned counsel for the petitioner does not deny that the respondents are successor-in-interest of genuine allottees in one Case (bearing No,P.53) and auction-purchaser in the other (a plot measuring 4 Kanals and 5 Marlas) and that their title remained unchallenged. However, according to him, since on account of the exchange of evacuee land with the Provincial Government's land both the properties went out of the Compensation Pool, as they were part of the evacuee land exchanged and, therefore, those were not available for allotment. Confronted with para.15 of the judgment of a learned Division Bench of the Lahore High Court to which reference has been made in the preceding paragraphs, learned counsel for the petitioner does not deny that the afore- referred judgment does speak of the cases of P.T.Ds., which were issued till the issuance of Notification dated 12-6-1988 (exchange of evacuee land to the State land) and that the High Court did observe that the said category of persons may be allowed to retain the property notwithstanding the notification of exchange, dated 3-1-1958. The P.T.Ds. With regard to properties subject-matter of this petition were issued (in 1964) long before the Notification, dated 12-6-1988.
This judgment, therefore, appears to have attained finality as petitioner's learned counsel has not referred to any judgment of this Court which may have interfered with the said judgment. The case of the respondents squarely falls within the ambit of cases which have been adverted to in the operative part of the learned Division Bench's judgment of the High Court. They have therefore, rightly been granted relief through the impugned judgment.
8. For what has been discussed above, we find the impugned judgment to be unexceptionable. The petitions having no merit are accordingly dismissed.