' The dispute in this case relates to the evaluation of transfer price of property No, S-52-R/81 which consists of three-storeyed buildings and its ground floor consists of four shops and a residential portion. The petitioner has been transferred shop No, 2 on the basis of his C. S. Form and accordingly Provincial Transfer Order No, 112756, dated 29-1-1980. Was also issued. This was followed by an Appendix X whereby the transfer price was evaluated at Rs, 12,960 (Annexure B). The petitioner has paid the entire transfer price through instalments and after clearance of the entire dues Permanent Transfer Deed in respect of the property, in question, was issued on 10-2-1964.
Consequent to the issuance of the Permanent Transfer Deed, Muhammad Ismail respondent filed an appeal against the order dated 29-10-1963 of the Deputy Settlement Commissioner, Lahore-III regarding the distribution of rent of property, in question (Annexure E/3). In consequence, the Additional Settlement Commissioner set aside the order of, the Deputy Settlement Commissioner and remanded the case for decision afresh after hearing the parties (Annexure E/2). On remand, the Deputy Settlement Commissioner refixed the value by his order dated 24-7-1965 (Annexure F).
In consequence of the appellate order, the rent in respect of the shop of the petitioner was enhanced from Rs, 2 to Rs,
46. The petitioners and others again preferred appeal before the Additional Settlement Commissioner, in consequence thereto the Additional Settlement Commissioner, vide his order dated 29-6-1965 reduced the rent to Rs, 41 instead of Rs, 46 (Annexure 0). The petitioner challenged the validity of the aforesaid order by means of revision petition which was rejected as incompetent in law by an order dated 26-11-1966 of the. Settlement Commissioner. The petitioner has challenged the validity of the order dated 26.11-19(6 of respondent No, 1 by means of this writ petition on 30-5-1972.
'2. The learned counsel for the petitioners has assailed validity of the order of the Settlement Authorities for enhancing the rent of the shop, in dispute, from Rs, 30 to Rs, 41 on two-fold grounds.
Firstly, that after the issuance of the Permanent Transfer Deed, the Settlement authorities have become functus officio and no appeal could have been filed against the determination of the rent.
Secondly, that the rent of the shop, in dispute, prevailing in 1946 was Rs, 30 and, therefore, under paragraph 22 of the Settlement Scheme No, I, the Settlement Authorities were bound to assess that rent which was prevailing in 1946.
3. The learned counsel for the Settlement Department concedes that for the purpose of determining the rent of the property, in question, the Settlement Department was bound to follow the procedure laid down in paragraph 22 of the Settlement Scheme No, I which has not been followed. This being so, I set aside all the orders of the Settlement Authorities regarding the determination and apportionment of the rent of the property, in dispute, and remand the case to the Settlement Commissioner (Urban), Lahore with the direction that the rent be refixed afresh after issuing notices to the parties concerned and in accordance with paragraph 22 of Settlement Scheme No, I.
' With these observations, the writ petition is accepted with no order as to costs.