Law:

Section:

Settlement Scheme No. 8, Para. 2-Person despite repeated notice under para. 2 failing to pay price of property-Resumption of property, in circumstance, held, justified-Special Leave to Appeal refused by Supreme Court. Khalilur Rehman Khan, Advocate Supreme Court instructed by Maqbool Ahmed, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 11th May 1972. JUDGMENT SALAHUDDIN AHMED, J.-The dispute relates to a bungalow at Jail Road, in Lahore. Half of this house was transferred to the petitioner on the 18th December 1959. The price fixed .for this portion was Rs. 33,000 and the deferred payment of the petitioner in his Compensation Book Was Rs. 15,900. The petitioner failed to pay the price of the property within the pres­cribed time with the result that a demand notice dated 8th December 1965, under paragraph 2 of the Settlement Scheme No. 8 was served upon him on the 25th December 1965. On failure to pay a second demand notice under the said Scheme was issued to him on the 14th November 1967, asking him to pay the balance of Rs. 17,100 within 30 days from the date of receipt of the notice. It was stated in the notice that in default the appel­lant was liable to ejectment and his Provisional Transfer Order cancelled and the amount paid by him would be forfeited. This notice was served upon the petitioner on the 22nd of November 1967. The petitioner again failed to pay within the prescribed time with the result that the property stood resumed under Settle­ment. Scheme No. VIII. The petitioner not having filed any appeal or taken any proceedings against the order of resumption it became final under section 22 of the Displaced Persons (Com­pensation and Rehabilitation) Act, 1958. The petitioner submitted a Miscellaneous Application on the 24th November 1967, asking for time to pay the money on the ground that his compensation book had been lost. Obviously, this was an attempt to gain time for payment, inasmuch as the petitioner was asked to pay the balance of Rs.17,100 only which showed that adjustment of payment against the deferred amount of Rs. 15,900 as mentioned in his Compensation Book had already been made. The Additional Settlement…

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