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Evidence Act (I of 1872),S. 115--Estoppel-Transfer of house Petitioner all along aware of proceedings taken by Settlement authorities and also aware of her son's and daughter's appeal against transfer order being rejected-Petitioner, held, estopped from throwing belated challenge to legality of transfer order-Displaced Persons (Compensation and Rehabilitation) Act (XXYIII.of 1958), Sched., Para. 1. ORDER. ANWARUL HAQ, J.-The dispute in this case concerns a residential house situate on Mohni Road, Lahore. By an order made on 15-12-1959 by Mr. Balagh Haider, Asstt. Settlement Commissioner; Centre-II, Lahore, the house was transferred m its entirety to respondent No. 1, Mst. Hussain Bibi. A son and daughter of the petitioner, Mst. Sardar Begum; filed an appeal which was rejected by the learned Additional Settlement Commis­sioner on 5-t-60. On the 30th April 1960, the petitioner filed a belated C H form, which was allowed to be entertained by the Additional Settlement Commissioner by. condoning, delay. The order actually passed in this behalf by this Officer has not been placed on the record, but the learned Judge in the High Court has presumed that the condonation of the delay must have been subjected to the usual condition viz, that the property had not otherwise been disposed of. It appears that no formal orders for the final disposal of the C H form of Mst. Sardar Begum were made by the Settlement authorities, and accordingly she filed a belated appeal on the 20th February 1964, to challenge the original order of transfer made by the Assistant Settlement Commissioner on 15-12-59, even though an appeal filed against the same order by her son and daughter had been rejected more than four years ago. The petitioner's appeal was also dismissed as being time-barred by the learned Additional Settlement Commissioner by his order dated the 13th October 1964. Thereupon; the petitioner filed a revision petition before the Settlement Commissioner, but the same was dismissed on the 29th March 1965. Before the learned Single Judge in the High Court it was strenuously argued that Mr. Balagh Haider, Assistant Settlement Commissioner was not competent to transfer the house to…

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