Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. 1, para. 2 read with Ministry of Rehabi­litation and Works Press Note dated 3-9-1966-Transfer of evacuee house-Concession granting extension of time for payment of trans­fer price up to 31-12-1966-Applied to persons having paid at least 25 % of outstanding amount in cash Persons not having paid such amount-Not entitled to avail of extension in time. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. 1, para. 2, read with Settlement Commis­sioner's Press Note dated 13-2-1960 (Old Settlement Manual; p. 115)-Transfer of evacuee house-Transferee of evacuee house could associate any claimant for transfer of price Press note does not envisage association with non-claimants. JUDGMENT SAJJAD AHMAD, J.-Bungalow No. 4,13/3), situated on Domeli Road, Peshawar, was transferred to Hamidullah (appellant No. 2) on the 9th of October 1959, on an N. C. H. form as a non-claimant displaced person. Pursuant thereto, Appendix IX was issued to him on the 2nd of November 1959, requiring him to pay the transfer price of Rs. 13,800 plus the arrears of rent amounting to Rs. 4,010 and Rs. 69 on account of settlement fee within 30 days, failing which his right to the transfer of the bun­galow would be deemed to be extinguished. Hamidullah did not make the payment within the specified period, and a notice was issued to him on the 12th of February 1966, to make the payment within a further period of 30 days, otherwise the Appendix IX issued to him would stand cancelled, and he would be liable to ejectment from the bungalow. Hamidullah did not comply with this notice, and instead moved an application to the Deputy Settlement Commissioner, asking for permission of the Settlement authorities to associate with himself Captain Saeed Gul Badshah (appellant No. 1 here­in), in lieu of transfer to him of a portion of the bungalow (5,142 sq. feet out of a total of 9,280 sq. feet), undertaking to pay the entire price and the public dues by the 21st of March 1966. This application was rejected by the Settlement authorities on the ground that Hamidullah's right to the transfer of the…

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