' This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeks a direction to respondent No,1 to transfer Property No,S-VI-15-S-5, Rasala Bazaar, Old Anarkali, Lahore, to the petitioner on the basis of his possession on the assumption that the property which was evacuee still remains undisposed.
2. In the written statement filed by the contesting respondents, it has been pointed out that the property in question was transferred as far back as on 25th of January, 1960, to Muhammad Saadatullah, their father, to whom PTD was also issued on 25th of January, 196/ It is also stated that Saadatullah had filed an application for ejectment against the petitioner in the year 1970 in which he had clearly stated that the property in question stood transferred to him but despite that knowledge, no proceedings were taken by the petitioner to challenge the transfer of the property in favour of the predecessor-in-interest of the respondents.
3. It is evident from a bare perusal of the record, inter alia, PTO (Annexure R-3) that the property in question stands transferred in favour of Saadatullah as far back as on 25th of January, 1960, and Permanent Transfer Deed issued to him on 25th of January, 196/ The name of Saadatullah appears as owner in the record maintained by the Excise & Taxation Department since 1986-87 (copy of Assessm ent from Annexure R-6). It is not denied that Muhammad Saadatullah had filed an application for ejectment against the petitioner in the year 1970. A copy of an application filed by Wali Muhammad, the father of the petitioner, before the Senior Civil Judge, Lahore, praying that he be permitted to deposit the rent of the premises in favour of Mahmood, one of the respondents, is also available on record. In the application, it was admitted that the house in question stood transferred to the respondent. The question of transfer of this property to the petitioner does not arise.
' This petition has no force. It is accordingly dismissed, leaving the parties to bear their own costs.