Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sehed., Part I-Person found not entitled to transfer of house-Has no locus standi to challenge transfer in favour of claimant displaced person. Gul Muhammad Khan, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 27th July 1972. JUDGMENT, SAJJAD AHMAD, J.-In this petition for special leave, the dispute relates to bungalow No. 51, Ferozepur Road, Lahore, which, after a chequered litigation in the Settlement department, was finally transferred in favour of the respondent, Mst. Shahzadi Begum, by the Settlement Commissioner by his order dated the 28th of October 1962. According to the findings of the Settlement Commissioner, the bungalow was first allotted to Dr. Baloch ' in 1948, and after his death, to his wife, the respondent, on the 28th of June 1954, and has remained in her possession throughout. The learned Settlement Commissioner held that Mst. Shahzadi Begum was a non-claimant displaced person, and being the allottee in possession, she was entitled to the transfer of the house. The petitioner was able to get the allotment of the bungalow in his favour on the 8th of May 1958 on his representation that he was a claimant without a house, and that the bungalow in dispute was in occupation of unauthorised persons. Thereafter he started ejectment proceedings against the respondent, which were subsequently dropped by him on the 1st of August 1969. The petitioner also pressed into service the notification dated the 9th of September 1960, for his entitlement to this house. The learned Settlement Commissioner has held that the petitioner did not satisfy the conditions of that notification, firstly, because he had not filed a regular petition for the transfer of the house after the date of that notification, and, further, no ejectment proceedings were pending for his benefit in respect of this house on the 11th of August 1960, as required by the notification. In fact, the petitioner had himself dropped the ejectment proceedings against the respondent from this house on the 1st of August 1969, in the Court of the…

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