1. ' This constitution petition is filed by the petitioner challenging the order of Deputy Settlement Commissioner dated 11-2-1978 and that of Settlement Commissioner dated 11-3-1978. In order to understand the controversy raised in the present petition it is necessary to refer here to the following facts:- ' That on Plots No,GK-6/48 and GK-6/49, Ghulam Hussain Qasim Quarters, Karachi which were owned by the same evacuee owners there existed two separate buildings. In the building constructed on Plot No,GK-6/48 there are two tenements on the ground floor and one tenement on the first floor. The petitioners are the joint owner of the entire building constructed on Plot No,GK- 6/48. The building constructed on Plot No, GK-6/49 consisted of two tenements on the ground floor and 3 store's constructed thereon. The respondents are the joint owners of the entire building on Plot No,GK-6/49. Permanent transfer deeds in respect of both the properties were issued as late as 1963. It is also an admitted position that according to site plans issued by the Settlement Authorities before issuance' of P.T.Ds., the area of Plot No,GK-6/48 is shown as 82 while the area of Plot No,GK-6/49 is 80 Sq. Yds. The three upper stores on the Plot No,GK-6/49 were demolished as dangerous in the year 1968 and thereafter the transferee of GK-6/49 made an application to the City Deputy Collector on 20-1-1970 requesting for demarcation of his plot. It appears that City Deputy Collector passed an ex parte order on the application of respondents on 8-4-1971 correcting the area of Plot No,GK-6/49 as 89 Sq. Yards. Armed with this order of C.D.C. The respondent approached Deputy Settlement Commissioner of the area on 13-4-1971 with a request that necessary changes may be made in the record of Settlement Authorities in the light of the order of C.D.C. The Deputy Settlement Commissioner on the basis of order of C.D.C. Dated 8-4-1971 allowed correction in the area of Plot No,GK-6/49 from 80 sq. Yds. To 89 sq. Yds. By order dated 4- 5-1971. The appellant in the meantime represented to C.D.C. On 12-4-1971 against the ex parte order dated 8-4-1971 correcting the area of Plot No,GK-6/49 as 89 sq. Yds. The C.D.C. After hearing the parties withdrew his order dated 8-4-1971 on 2-8-1971. The respondents preferred an appeal to Deputy Commissioner, Karachi, against the order of City Deputy Collector dated 2-8-1971 which was dismissed on 3-11-1971 with the observation that the parties may seek their remedies before the appropriate civil Court. As the order on the basis of which Deputy Settlement Commissioner had passed the order for correction of the area was withdrawn by the City Deputy Collector however the order of D.S.C. Dated 4-5-1971 also lost its efficacy. The respondent accordingly moved another application before the Deputy Settlement Commissioner for correction of the area of the plot transferred to the petitioner on 15-7-1971. The petitioner filed objections to the above application and pointed out that they have already filed. Civil Suit No,242/71 in which an injunction has been granted by the civil Court. The petitioner also filed another application before the Deputy Settlement Commissioner on 13-4-1972 contending that the Settlement Authorities have no jurisdiction in the matter in view of the pendency of the civil suit and on this application the Deputy Settlement Commissioner on 15-4-1972 passed the following order:-- "The counsel for Sher Muhammad and others present. Mr.Ismail is also present in person. The counsel for Sher Muhammad has produced a copy of stay order passed by the Civil Judge I Class against Haji Muhammad Ibrahim the applicant before me. This stay order is in respect of 9 sq. Yds.
2. Area of plot which is under dispute between the parties.
3. ' In view of the above position further proceedings cannot be taken. The applicant is advised to peruse the matter in the civil Court.
4. ' The application is disposed of accordingly."
5. ' It appears that later on civil suit instituted by the petitioner (Suit No,2414/71) was dismissed for non-prosecution whereupon the respondents moved a fresh application before the Deputy Settlement Commissioner on 14-12-1977 praying for amendment of the area shown in the transfer document of the transferees of Plot GK-6/48 and 6/49. This application was disposed of by the Deputy Settlement Commissioner by his order dated 11-2-1978 as follows:- "I therefore hold that this area of 9 sq. Yds. Verified in the site plan of the applicant dated 6-5-1971 is a portion of GK-6/48 which should be clarified in his site plan and the area of 82 sq. Yds. Of GK- 6/48 in the site plan of the opponents is reduced to the extent of 9 sq. Yds. Only".
6. ' Appeal filed by the petitioner against the above order of D.S.C. Was also dismissed by the Settlement Commissioner with the following observations:-- "In view of this position, the Deputy Settlement Commissioner was fully justified in ordering that the position should be clarified by mentioning portion of GK-6/48 measuring 9 sq. Yds. Along with 80 sq. Yds. Of GK-6/49 and to reduce 9 sq. Yds. Out of the area shown in the plan issued to the applicants. This application is therefore dismissed".
7. ' It may be mentioned here that in 1978 the petitioner filed another Civil Suit No,288/78 in which this controversy was again raised and this later instituted suit is still pending in the civil Court. The learned counsel for the petitioner contends that in view of the issuance of the permanent transfer deed to the respective parties and verification of the plan the Settlement Authorities had no jurisdiction in the matter. The learned counsel for the respondent on the other hand contends that the two orders challenged in this petition did not alter or affect the entitlement of the petitioner in any manner and the effect of holding that the area of 9 Sq. Yds. Of Plot GK-6/48 is in possession of the transferee of Plot GK-6/49 is only to confirm the situation as existing on site. After going through the two orders which are impugned in this order I am of the view that the effect of the two orders passed by Settlement Commissioner on 11-3-1978 and by Deputy Settlement Commissioner on 11- 2-1978 is that an area of 9 sq. Yds. Is reduced from the site plan which was verified in favour of transferee of Plot GK-6/48 which certainly amounted to reducing the entitlement of the petitioner.
8. This could not be done by the Settlement Authorities after issuance of P.T.Ds. To the parties. In the circumstances of the case the only appropriate course for the Settlement Authorities was to direct A the parties to have recourse to a competent civil Court to resolve the controversy and to stay their hand off the dispute raised before them in view of issuance of P.T.Ds. I accordingly accept the petition and declare the two orders dated 11-2-1978 and 11-3-1978 passed by respondents Nos.2 & 1 respectively as without lawful authority. However, in the circumstances of the case the parties are left to bear their respective costs.